Undue Influence Whether Relationship of Trust in UK Law

Leading Cases
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Legislation
  • Companies Act 2006
    • UK Non-devolved
    • 1 de Enero de 2006
    ...... . . This applies whether or not the nominal value or number of the shares ... . . (b) section 16 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10). S-22 ... to foster the company's business relationships with suppliers, customers and others,. . . (d) ... . (b) if it is possible to do so without undue delay, by submitting the same copy to each ... . . (b) to influence voters in relation to any national or regional ......
  • Finance (No. 2) Act 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ...... (a) a proceeding or other process (whether or not involving the employee), or . (b) an ... (4) In section 538 (recovery of tax from trustees), after subsection (6) insert— . “(7) ... 2009 (non-trading deficits from loan relationships); . (b) (b) section 753 of CTA 2009 ... of Revenue and Customs considers that an undue amount of relief has been given as a consequence ... (a) so as to exert greater influence in relation to U than any one of them would be ......
  • Mental Capacity Act (Northern Ireland) 2016
    • Northern Ireland
    • 1 de Enero de 2016
    ...... Act a determination falls to be made of whether a person who is 16 or over lacks capacity in ... and values that would be likely to influence P’s decision if P had capacity; and. . . (c) ..., means a requirement imposed on P by an HSC trust for P to live at a particular place, whether or ... . . (b) a relationship of the half-blood is to be treated as a ... . . (ii) has not been subjected to any undue pressure in relation to the appointment, ......
  • The Recall of MPs Act 2015 (Recall Petition) Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... section 14 of the Act (determination of whether recall petition successful). . (2) On the first ... a signing sheet the person must without undue delay— . (a) (a) decide whether or not to sign ... together with that person’s family relationship, if any, with the applicant, and— . (a) (a) if ... a blind person by a Health and Social Care Trust which is specified in the application; or . (b) ...—(1) No person must, with intent to influence persons to sign or refrain from signing a ......
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Books & Journal Articles
  • Burden of Proof in Undue Influence: Common Law and Codes on Collision Course
    • Nbr. 7-4, December 2003
    • International Journal of Evidence & Proof, The
    Before the case of Royal Bank of Scotland v Etridge (No. 2), the modern presumption of undue influence appeared to be a potent one that had to be rebutted on a balance of probabilities. While it is...
    ...... the House of Lords failed to indicate whether the revised presumption was now one of law , ... presumed from categories of relationships The law would presume undue influence where the ..., 19 religious adviser–disciple, 20 trustee– cestui que trust , 21 and in certain ......
  • Undue Influence in the House of Lords: Principles and Proof
    • Nbr. 65-3, May 2002
    • The Modern Law Review
    ......: The difficulty is to establish the relationship between the law [of undue influence] laid down in ... of evidence speaking to the question of whether influence existed in fact between the ... judgment, gives him his dependence and entrusts him with his welfare. 30 By this light, undue ......
  • Undue Influence and Coercion
    • Nbr. 3-2, October 1939
    • The Modern Law Review
    ...... influence extends to other relationships than those to which a special name may ... are not concerned with the question whether proof of independent advice is invariably ...trustee for the next of kin and heir. It was ......
  • The Relevance of Reverence; Undue Influence Civilian Style
    • Nbr. 10-4, December 2003
    • Maastricht Journal of European and Comparative Law
    Persons in positions of authority are able to engender feelings of reverence in others. Such reverence, unfortunately, can lead to exploitation. For many centuries, courts and legal writers have st...
    ......, therefore, that has to be asked is whether feelings of reverence ca n be sufficiently ...Usually, reverence is based on a relationship of dependence. One fact pattern, in particular, ... or parent uses crafty methods to deceive a trusting spouse or child, there is no evidence that it ......
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Law Firm Commentaries
  • Privy Council Considers Presumption Of Undue Influence In Context Of Bank's Security Rights
    • Mondaq UK
    ......First, there must be a. relationship of influence. The second requirement is that the. ...It then considered whether. there was a presumption of undue influence by ...trust and confidence in the lawyer. Additionally, the ......
  • Undue Influence And The Unconscionable Bargain
    • Mondaq UK
    ...... Rose considered in detail the relationship between bankers and commercial investors and ... court in all such cases is to consider whether grounds have been made out by the investor to ... of vulnerability arising from the trust and confidence placed by an investor in his or ......
  • Revenge Of The Dogs – A Tail Of Undue Influence?
    • Mondaq UK
    ...... have been a simple misunderstanding as to whether Mrs Brindley was to stay with Gordon for a few ... undue influence (if there is a relationship of trust and confidence and a transaction that ......
  • Mortgage set aside for undue influence but lender still entitled to possession pursuant to its equitable charge
    • JD Supra United Kingdom
    The recent case of Santander UK PLC v. (1) Ashley Shaun Fletcher and (2) Paula Denise Fletcher [2018] EWHC 2778 (Ch) provides a useful reminder of the principles of undue influence in mortgage tran...
    ...... on inquiry given the non-commercial relationship between Mrs Fletcher and her son, and that ... subjective intentions, when considering whether or not to grant equitable relief to remedy a ...Therefore, the declaration of trust in the TR1 was vitiated by a mistake. . ......
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