You’ve probably been told by a lender or solicitor that you must get “ILA”—Independent Legal Advice. But often the why behind it is left unexplained, leaving clients confused. So, let’s pull back the curtain. Why does ILA exist? Why does it matter? And why should you care?
This article takes a tour from ILA’s historical roots in English law, through landmark cases, to today’s video-call convenience—showing how a centuries-old principle still protects modern borrowers, and why iLA Law has become the go-to name in this space.
ILA grew out of the doctrine of undue influence, developed in the 18th century to stop people being pressured into agreements they didn’t truly understand.
In Huguenin v Baseley (1807), a widow’s gift to her clergyman was overturned because her consent wasn’t independent. Later cases reinforced the point: Allcard v Skinner (1887) looked at a woman’s donations to a religious order, and Bank of Montreal v Stuart (1911) voided a wife’s guarantee of her husband’s debts. The principle was clear—when family or trust relationships mix with financial obligations, independent advice is essential.
The courts repeatedly stepped in during the 20th century as lending expanded and homes were used as collateral:
Lloyds Bank v Bundy (1975): An elderly farmer pledged his home for his son’s loan. With no ILA, the deal was struck down.
Avon Finance v Bridger (1985): Parents charged their home under their son’s influence. The absence of ILA collapsed the agreement.
BCCI v Aboody (1989): A wife signed under her husband’s pressure; poor advice was criticised but upheld due to lack of clear disadvantage.
NatWest v Morgan (1985): The House of Lords said clear disadvantage was needed to prove undue influence, highlighting the importance of proper advice.
These cases made one thing obvious: without ILA, guarantees and securities were vulnerable.
Two cases cemented ILA in modern lending:
Barclays Bank v O’Brien (1993): The House of Lords ruled that lenders are “put on inquiry” if someone signs obligations without personal benefit (e.g. a spouse backing a partner’s business loan). To protect themselves, banks must ensure ILA is given.
Royal Bank of Scotland v Etridge (No 2) (2001): Reviewing a series of appeals, the House of Lords confirmed that in situations of potential undue influence, lenders and solicitors must ensure borrowers fully understand the risks. Etridge embedded ILA into everyday practice, shaping how banks and solicitors handle these cases today.
The Supreme Court recently reinforced ILA’s role. In Waller-Edwards v One Savings Bank (2025), a couple borrowed £440,000, partly to cover one partner’s debts. The other claimed undue influence. The court held that even a “non-trivial” benefit to one borrower triggered ILA duties.
For developers and investors, ILA isn’t just a tick-box—it’s a safeguard.
Keep Securities Enforceable: Without ILA, guarantees or charges can later be challenged in court. That puts lenders at risk and can undermine the security that underpins your deal.
Lender Confidence: Banks insist on ILA because it protects them, but it protects you too—ensuring your funding won’t unravel later due to claims of pressure or misunderstanding.
Manage Personal Risk: If you’re putting your home or personal assets on the line for business borrowing, ILA ensures you understand the consequences clearly before signing.
Smooth Complex Deals: In transactions involving spouses, guarantors, or co-investors, ILA helps avoid disputes that could delay or derail your project.
Build Professional Credibility: Developers and investors who handle their legal obligations properly earn trust with lenders, brokers, and future partners.
Simply put: ILA keeps deals watertight and reputations intact.
So what does ILA involve in practice? It’s a private meeting between a solicitor and the individual signing a guarantee, mortgage, or other obligation. The person must be seen alone, without the borrower or other parties present.
The solicitor will:
explain the legal documents and their risks (such as losing a home);
confirm the client is signing freely, without pressure; and
certify this in writing so all parties have evidence of understanding and informed consent.
This protects everyone: the client is fully informed, the lender’s security is enforceable, and the deal can proceed without disputes.
Today, it doesn’t even require stepping into a solicitor’s office. At iLA Law, we deliver ILA via secure video calls—whether on Google Meet, Zoom, WhatsApp, or FaceTime. It’s private, compliant, and far quicker: meetings can be booked and completed in hours, not days.
At iLA Law, we’re not just any solicitors—we’re specialists. Our service is built for speed, clarity, and trust:
Fast Appointments: Same-day availability, seven days a week, from 8 a.m. to 8 p.m.
Fixed Fees: Transparent pricing with no hidden costs.
Fully Online: Book, meet, and sign - It’s fast, efficient, and designed for busy lives.
Trusted Expertise: Over 10,000 matters completed in just three years.
Human Touch: Tech makes it efficient, but our team makes it personal.
That’s why iLA Law is the trusted choice for brokers, solicitors, and clients alike.
If you’d like help with your ILA today, head over to
Disclaimer: This article is for informational purposes only and does not constitute legal or financial advice. Information is accurate as of 21 July 2025 and may be subject to change.
