Undue Influence Whether Relationship of Trust in UK Law

Leading Cases
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  • Finance (No. 2) Act 2017
    • UK Non-devolved
    • 01 de Janeiro de 2017
    ...... (a) a proceeding or other process (whether or not involving the employee), or . (b) an ...) In section 538 (recovery of tax from trustees), after subsection (6) insert— . “(7) ... (non-trading deficits from loan relationships); . (b) (b) section 753 of CTA 2009 (non-trading ... 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 ......
  • Referendums (Scotland) Act 2020
    • Scotland
    • 01 de Janeiro de 2020
    ...... if the person would be legally incapable (whether by virtue of any enactment or any rule of law) of ... together with that person’s family relationship, if any, with the applicant and— . (a) (a) if ... “exempt trust donation” has the meaning given by section 162 ... A person (“A”) commits the offence of undue influence in connection with the referendum if— ......
  • Mental Capacity Act (Northern Ireland) 2016
    • Northern Ireland
    • 01 de Janeiro 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
    • 01 de Janeiro 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
    • Núm. 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
    • Núm. 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 ... goal of maintaining the integrity of ‘trustingrelationships or institutions, essentially by ......
  • Undue Influence and Coercion
    • Núm. 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 ... will which he had drafted was a trustee for the next of kin and heir. It was ......
  • The Relevance of Reverence; Undue Influence Civilian Style
    • Núm. 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, ... parent uses crafty methods to deceive a trusting spouse or child, there is no evidence that it was ......
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Law Firm Commentaries
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