Undue Influence Whether Relationship of Trust in UK Law
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Set-Aside Of A Mutual Will Ordered By The High Court On The Basis Of Presumed Undue Influence
... ... that when considering whether a mutual wills agreement is void or ... voidable, ... Judge held that this level of trust and dependency meant there was ... a relationship ... ...
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Privy Council Considers Presumption Of Undue Influence In Context Of Bank's Security Rights
... ... 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 ... ...
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When Undue Influence And Mutual Wills Collide: Naidoo v Barton [2023] EWHC 500 (Ch)
... ... whether or not a mutual wills agreement should be set ... vulnerable persons who placed their trust in him ... The Claims ... Charan claimed the ... (2) the exploitation of a relationship in which one person has ... acquired a measure of ... ...
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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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For Richer For Poorer Until Debt Do Us Part
... ... 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 ... ...
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Legal Update: Maxted And Another v Investec Bank Plc [2017]
... ... 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 ... ...
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Maintaining The Validity Of Guarantees
... ... dispute arose in respect of whether the guarantee was valid ... Variation of ... sufficient to discharge the guarantee ... Undue influence ... The case advanced by Mr O'Sullivan ... of the "necessary relationship" between himself and Mr ... Spano which was ... This relationship was described as ... "trust and confidence, reliance, dependence or ... ...
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