Hope my personal email helped you (if you are the same person). I will display the case on site in case you never got it.(posted 7771 days ago)You need to look at: Barclays Bank v O'Brien (enter this on www.ask.co.uk to bring up details)
I have studied this case and am supprised you legal team did not know this, anyway I have it over to you.
Another case (in Commonwealth courts - Canada) using this ruling was COURT OF APPEAL FOR ONTARIO McMURTRY C.J.O., OSBORNE and FELDMAN JJ.A. B E T W E E N : ) ) Joshua J. Siegel BANK OF MONTREAL ) for the appellant ) Appellant ) ) - and - ) Geoffrey T. Mullin ) for the respondent CAROL DUGUID ) ) Respondent ) ) Heard: November 30, 1998 ) This will back it up too.
Best of luck and keep me posted
Geoff