Undue Influence Whether Relationship of Trust in UK Law
Leading Cases
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Royal Bank of Scotland Plc v Etridge (No 2); Kenyon-Brown v Desmond Banks & Company (Undue Influence) (No 2); Bank of Scotland v Bennett; UCB Home Loans Corporation Ltd v Moore; National Westminster Bank Plc v Gill; Midland Bank Plc v Wallace; Barclays Bank Plc v Harris; Barclays Bank Plc v Coleman
...... are dealing to enter into transactions, whether great or small. The law has set limits to the ...The second form arises out of a relationship between two persons where one has acquired over ... this occurs when one person places trust in another to look after his affairs and ......
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Barclays Bank Plc v O'Brien
......Shortly stated the question is whether a bank is entitled to enforce against a wife an ... as surety for her husband's debt by the undue influence or misrepresentation of the husband. . ...those where the relationship between the debtor and the surety is such that ... when their husbands have abused the trust and confidence reposed in them. . . 16 On ......
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Investors Compensation Scheme Ltd v West Bromwich Building Society
...... on the ground of misrepresentation and undue influence, equitable compensation, damages in ... to you absolutely: "Any claim (whether sounding in rescission for undue influence or ... debt, breach of contract, tort, breach of trust or in any other manner whatsoever (and including ... Claim Form which govern the legal relationship between the parties. But in construing the form, ......
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Credit Lyonnais Bank Nederland NV v Burch
...... on the ground that it was procured by the undue influence of the debtor over the mortgagor of ...Thus although the relationship between the debtor and the mortgagor was not that ... all such sums of money and liabilities whether certain or contingent which are now or at any ... was acting through the agency of Hampshire Trust PLC. On 25th September 1995 Miss Burch put in a ......
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Legislation
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Financial Services and Markets Act 2000
......) Order 2001 (seeking out etc claims) whether that activity, as carried on by that person, is a ..., have been or may be beneficiaries of the trust are to be treated as persons who use, have used .... Relationship between FCA and PRA . 3D Duty of FCA and PRA to ..., or actually exercises, dominant influence or control over B. . (5) For the purposes of ... regulator, the Commission and EIOPA without undue delay of—(a) the fact that the appropriate ......
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Criminal Law (Consolidation) (Scotland) Act 1995
...... purpose of this section, a degree of relationship exists in the case of a degree specified in raph 1 of the Table—(a) whether it is of the full blood or the half blood; and(b) .... 3: Intercourse of person in position of trust with child under 16. . . . . . . . . . . . . . . ... to have exercised control, direction or influence over the movements of a prostitute in such a ......
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Police, Crime, Sentencing and Courts Act 2022
......(7) A police covenant report must state whether, in the Secretary of State’s opinion, in ...(with regs. 13, 29, 30) . 26: Relationship with other review requirements . (1) The duty in ...) An authorised person must not have placed undue pressure on P to provide the device or agree to ...2022/520, reg. 5(d) . 47: Positions of trust . (1) The Sexual Offences Act 2003 is amended as ... or careless driving when under the influence of drink or drugs: increased penalties . (1) Part ......
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National Security Act 2023
....... (3) Subsection (1) applies whether the person’s conduct takes place in the United ... Kingdom government department or held in trust for His Majesty for the purposes of a United ... (e) causing spiritual injury to, or placing undue spiritual pressure on, a person; . (whether or ... be satisfied by a direct or indirect relationship between the conduct, or the course of conduct, ...) enables the person materially to influence the policy of the body corporate. . (4) If the ......
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Books & Journal Articles
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Undue Influence
......It may also depend on whether the disposition is made in a will or is a ...; the fact that she had had no relationship with her nephews and nieces; and the motives and ...Under a family trust, she inherited one half share of a farm on the ......
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Burden of Proof in Undue Influence: Common Law and Codes on Collision Course
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 therevised presumption was now one of law, ... presume undue influence where the relationship between theparties was one of ...–disciple,20 trustee–cestui que trust",21 and in certain circumstances, fiancéand fianc\xC3"......
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Undue Influence in the House of Lords: Principles and Proof
......: 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 ... for convenience and not to imply a formal trust relationship. By its use I mean ‘beneficiary to ......
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Undue Influence and Coercion
...... it is confined to a relationship which necessarily involves influence by ... are not concerned with the question whether proof of independent advice is invariably ... trustee who seeks to profit by his trust. The decision may be regarded as an ......
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Law Firm Commentaries
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Set-Aside Of A Mutual Will Ordered By The High Court On The Basis Of Presumed Undue Influence
......that when considering whether a mutual wills agreement is void or. voidable, ...Judge held that this level of trust and dependency meant there was. a relationship of ......
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Privy Council Considers Presumption Of Undue Influence In Context Of Bank's Security Rights
......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 ......
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Undue Influence And The Unconscionable Bargain
...... 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 ......
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When Undue Influence And Mutual Wills Collide: Naidoo v Barton [2023] EWHC 500 (Ch)
......whether or not a mutual wills agreement should be set ...vulnerable persons who placed their trust in him. The Claims. Charan claimed the following ...(2) the exploitation of a relationship in which one person has. acquired a measure of ......
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