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
    • House of Lords
    • 11 Oct 2001
    ...... 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
    • House of Lords
    • 21 Oct 1993
    ......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
    • House of Lords
    • 25 Apr 2007
    ...... 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 ......
  • Bank of Credit and Commerce International SA v Aboody
    • Court of Appeal
    • 10 Nov 1988
    ......) that they had been obtained by the actual undue influence of her husband. No presumption of undue ... will be set aside for undue influence, whether he or she seeks to do so on the grounds of actual ... it mean", but with my husband I had every trust in him. If he tells me to sign it, it is for the ... us, as "Class 2" cases) in which the relationship between the parties will lead the court to ......
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