Staff
Publication details for Professor Lorna Fox O'Mahony
Devenney, James , Fox, Lorna & Kenny, Mel (2008). Standing surety in England and Wales: the sphinx of procedural protection. Lloyd’s Maritime and Commercial Law Quarterly 513-535.- Publication type: Journal papers: academic
- ISSN/ISBN: 0306-2945
- Keywords: Suretyship, protections, vulnerability, creditors
- View online: Online version
- Durham research online: DRO record
Author(s) from Durham
Abstract
Discusses what legal protection is available for non-professional sureties who guarantee the borrowing of family members or friends. Reviews case law on undue influence, unconscionability and creditors' duty to ensure that sureties have independent legal advice. Considers the requirements for creditors to act in good faith and for proper purposes in repossessions and insolvency proceedings. Looks at the policy of reducing the state's role in social welfare, and compares the treatment of sureties in continental Europe.