Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

TSB Bank v Camfield - 1995

277 words (1 pages) Case Summary

21st Jun 2019 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

TSB Bank plc v Camfield [1995] 1 WLR 430

Equity – Banking – Legal charge – Misrepresentation


C stood as security for a loan from a bank for her husband’s business. C’s husband had made an innocent misrepresentation that the liability of the business was limited to £15,000 when in reality, the liability was not limited. The bank advanced £30,000 to the couple on this representation as well as further advances, with a total sum of over £47,000. The business failed and the bank claimed for the marital home and for the couple to repay the money that was owed. The trial judge ordered the husband repay the full sum that was owed to the bank and that the wife pay £15,000 in damages as well as giving possession of the house to the bank. The wife appealed this decision.


The most prominent issue for the court was to decide whether the guarantee provided by the wife, to the bank, was void as a result of the innocent misrepresentation of the husband, or whether the bank could claim possession of the house and demand the repayment of the sums of money from the husband and the wife.


The court found in favour of the wife and allowed her appeal of the decision from the initial trial. They held that as a result of the husband’s misrepresentation, the liability to the bank would be limited to £15,000 and this would allow the wife to rescind the transaction with the bank. The court also held that the wife was entitled to have the charge against the house set aside completely.

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles