Undue Influence Whether Relationship of Trust in UK Law

Leading Cases
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Legislation
  • Financial Services and Markets Act 2000
    • UK Non-devolved
    • 1 de Enero de 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 ......
  • Criminal Law (Consolidation) (Scotland) Act 1995
    • UK Non-devolved
    • 1 de Enero de 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 ......
  • Police, Crime, Sentencing and Courts Act 2022
    • UK Non-devolved
    • 1 de Enero de 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 ......
  • National Security Act 2023
    • UK Non-devolved
    • 1 de Enero de 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
  • Undue Influence
    • Contents
    • A Practitioner's Guide to Probate Disputes - 2nd edition
    • Nasreen Pearce
    • 111-124
    ......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 ......
  • Burden of Proof in Undue Influence: Common Law and Codes on Collision Course
    • No. 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 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"......
  • Undue Influence in the House of Lords: Principles and Proof
    • No. 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 ... for convenience and not to imply a formal trust relationship. By its use I mean ‘beneficiary to ......
  • Undue Influence and Coercion
    • No. 3-2, October 1939
    • The Modern Law Review
    ...... 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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