Undue Influence Whether Relationship of Trust in UK Law

  • Privy Council Considers Presumption Of Undue Influence In Context Of Bank's Security Rights
    • Mondaq UK
    ......First, there must be a. relationship of influence. The second requirement is that the. ...It then considered whether. there was a presumption of undue influence by ...trust and confidence in the lawyer. Additionally, the ......
  • Undue Influence And The Unconscionable Bargain
    • Mondaq UK
    ...... 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 ......
  • Revenge Of The Dogs – A Tail Of Undue Influence?
    • Mondaq UK
    ...... 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 ......
  • Mortgage set aside for undue influence but lender still entitled to possession pursuant to its equitable charge
    • JD Supra United Kingdom
    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. . ......
  • 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
    • Mondaq UK
    ...... 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 ......
  • For Richer For Poorer Until Debt Do Us Part
    • Mondaq United Kingdom
    ...... Law Lords, on 10 October 2001, revisited undue influence in Royal Bank of Scotland plc v Etridge ... is presumed from proof of a relationship of trust and confidence and manifest disadvantage ... burden of coming to a conclusion as to whether the transaction was in the wife's best interest ......
  • Legal Update: Maxted And Another v Investec Bank Plc [2017]
    • Mondaq UK
    ...... Investec Bank plc [2017], which looked at whether amending loan agreements multiple times would ...; and (3) they were acting under the undue influence of the lender when they waived their ..." clause, the lender created a relationship of trust and confidence between it and the ......
  • Maintaining The Validity Of Guarantees
    • Mondaq United Kingdom
    ......dispute arose in respect of whether the guarantee was valid. Variation of principal ...sufficient to discharge the guarantee. Undue influence. The case advanced by Mr O'Sullivan was ...of the "necessary relationship" between himself and Mr. Spano which was capable ...This relationship was described as. "trust and confidence, reliance, dependence or. ......
  • The Grounds For Contesting A Will
    • Mondaq UK
    ...... The law relating to whether a person has sufficient mental capacity to ... and that no insane delusion shall influence his will in disposing of this property and bring ... Undue influence or coercion. One of the grounds for ... of undue influence where there is a relationship of trust and confidence with the wrong-doer. ......
  • Will And Estate Disputes Update - December 2018
    • Mondaq UK
    ...... applications? What does it take to prove undue influence? Reform of the Deprivation of Liberty ... or other transaction in connection with a trust which they would otherwise be unable to perform, ... case, the Court was asked to determine whether a trustee could sell the trust's entire interest ... was little evidence of any loving relationship. Ted had made an earlier Will in 2009 leaving ......
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