Undue Influence Whether Relationship of Trust in UK Law

Leading Cases
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Legislation
  • 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 ... F2 ... to have exercised control, direction or influence over the movements of a prostitute in such a ... ...
  • 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 ... 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 Mortgage Credit Directive Order 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... which C is able to exercise significant influence over the management of F ... (5) The FCA ... designed to enable it to determine whether persons on whom requirements are imposed by or ... must inform the Commission and EBA, without undue delay, of—(a) the fact that the appropriate ... an individual who is a beneficiary of the trust, or by a related person; and(ii) in the wording ... or not of the opposite sex) whose relationship with that person has the characteristics of the ... ...
  • The Payment Services Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ... ... provider, and includes such a service whether information is provided—(a) in its original ... linked to each other by a relationship referred to in Article 22(1) , (2) or (7) of ... constitute a threat to the stability of, or trust in, a payment system by continuing its payment ... the inaccuracy (as the case may be) without undue delay, or, in the case of a material change which ... initiation service provider's sphere of influence the payment transaction was authenticated, ... ...
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Books & Journal Articles
  • Undue Influence
    • Contents
    • A Practitioner's Guide to Probate Disputes - 2nd edition
    • Nasreen Pearce
    • 75-87
    ... ... 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 ... ...
  • 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 ... ...
  • Burden of Proof in Undue Influence: Common Law and Codes on Collision Course
    • No. 7-4, December 2003
    • International Journal of Evidence & Proof, The
    • 0000
    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 solicitorclient,17 ... ,20 trusteecestui que trust,21 and in certain circumstances, fiancand ... ...
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Law Firm Commentaries
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