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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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 ......
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Bank of Credit and Commerce International SA v Aboody
......) 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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Legislation
Books & Journal Articles
Law Firm Commentaries
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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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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 ......
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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. . ......
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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 ......
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