Undue Influence Whether Relationship of Trust in UK Law
Leading Cases
-
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 ......
-
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 ......
-
Stack v Dowden
...... home until the breakdown of their relationship. They have an obvious interest in the ...The trusts under which the land is held will determine the ...Then there is the question whether the trust is truly a constructive trust. This may ... than the legislature, as the change is influenced by, indeed normally based on, the facts of a ...Although said in the context of undue influence, those words apply equally to the ......
-
Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis
......The question whether a damages clause is a penalty falls to be decided ... a defendant which bears little or no relationship to the loss actually suffered by the plaintiff as ..., such as those based on fraud, duress or undue influence, the courts do not review the fairness ... [1906] AC 368, 375–376 , and Workers Trust & Merchant Bank Ltd v Dojap Investments Ltd ......
See all results
Legislation
-
Finance (No. 2) Act 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
...... 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
...... 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
...... 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 ......
See all results
Books & Journal Articles
-
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 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
......: 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 ‘trusting’ relationships or institutions, essentially by ......
-
Undue Influence and Coercion
...... 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
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 ......
See all results
Law Firm Commentaries
-
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 ......
-
Revenge Of The Dogs A Tail Of Undue Influence?
...... 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
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. . ......
-
Mortgage Set Aside For Undue Influence But Lender Still Entitled To Possession Pursuant To Its Equitable Charge Ms Clare Stothard, Steven Mills and Beth Lovell
...... 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. While ......
See all results