Serious issue to be tried as to whether guarantee given by mother to son was undermined by undue influence

Interlocutory relief – plaintiff seeks a number of reliefs related to guarantees executed by her over the debt of her son’s company – whether the guarantees were executed under duress and undue influence placed upon her by her son – Consumer Credit Act 1995 – European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 – independent legal advice – Donnelly’s The Law of Credit and Security (2nd Ed.) – adequacy of damages and balance of convenience – plaintiff has established an arguable case that she was actually acting under the influence of her son – there is a serious issue to be tried as to whether the plaintiff’s guarantee is undermined by the undue influence exerted over her by her son – injunctive relief granted.