PropertyMonday 9 June 2025
Joanne Wicks KC has written an expert commentary regarding her recent judgment on Waller-Edwards v One Savings Back Plc. The commentary has been published in LexisNexis.
The Supreme Court has unanimously allowed the appeal, holding that a creditor is put on inquiry in any non-commercial hybrid transaction where, on the face of the transaction, there is a more than de minimis (ie trivial) element of borrowing that serves to discharge the debts of one of the borrowers and so might not be to the financial advantage of the other.
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