Undue Influence Whether Relationship of Trust in UK Law
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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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Investors Compensation Scheme Ltd v West Bromwich Building Society
...... on the ground of misrepresentation and undue influence, equitable compensation, damages in ... to you absolutely: "Any claim (whether sounding in rescission for undue influence or ... debt, breach of contract, tort, breach of trust or in any other manner whatsoever (and including ... Claim Form which govern the legal relationship between the parties. But in construing the form, ......
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Credit Lyonnais Bank Nederland NV v Burch
...... on the ground that it was procured by the undue influence of the debtor over the mortgagor of ...Thus although the relationship between the debtor and the mortgagor was not that ... all such sums of money and liabilities whether certain or contingent which are now or at any ... was acting through the agency of Hampshire Trust PLC. On 25th September 1995 Miss Burch put in a ......
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Phipps v Boardman
...... take an active part in the affairs of the trust. The other trustees were Mrs. Noble and a Mr. ... Phipps family, received a letter asking whether the trustees were prepared to sell their holding ... the part of a person in a fiduciary relationship as, for instance, a trustee purchasing trust ... may enable him actually to obtain an undue advantage over others." . . ... him, there is a presumption of undue influence and the onus is on the solicitor to justify the ......
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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
...... the husband at the material time a relationship of trust and confidence which enabled him to ... In deciding whether a transaction was manifestly disadvantageous an ......
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Lloyd's Bank Ltd v Bundy
...... the bank had given serious thought as to whether they could continue to support the son's company. ... 26 The third category is that of "undue influence" usually so called. These are divided ... 32 (2) The relationship between the bank and the father was one of trust ......
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O'Sullivan v Management Agency and Music Ltd
......At an early stage in their relationship Mills realised that O'Sullivan had enormous ... Kingdom, The 4th Defendant was a private trust company of which the directors were Smith and a ... 1308 and because they had been obtained by undue influence on the basis of Lloyds Bank Ltd. v. ... first question for decision is therefore whether the companies were in a fiduciary position vis a ......
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Barclays Bank Plc v O'Brien
...... be provided by some third party; the relationship between the debtor and the third party, typically ... material misrepresentation or by exerting undue pressure or influence of some kind; the third ... question for the courts in these cases is whether the third party can escape from the effect of the ... obtained by a trustee from his cestui que trust by pressure through her husband and without ......
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Re Pauling's Settlement Trusts; Younghusband v Coutts & Company
...... 3 In June of the year 1948 the trust funds were intact, and amounted to over £70,000. ... children or remoter issue of the mother, whether by the intended or any future marriage, in such ... must be presumed to have been under the undue influence of their parents as they had but ... than a pipe opener to a lawyer's relationship with a potential client, and between the 11th ......
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