Manifest disadvantage had to be shown in order to establish a claim of presumed undue influence, but only damage if actual undue influence shown. Equity can only help if restitutio in integrum could be achieved.
Judges:
Millett LJ
Citations:
Times 01-Jul-1998, [1998] EWCA Civ 1027, [1998] 3 All ER 876, [1998] 2 FLR 457, [1998] 3 FCR 629, (1999) 31 HLR 402, [1998] Fam Law 595
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Bank of Credit and Commerce International SA v Aboody CA 1989
In a case where the defendant said that a mortgage had been signed from undue pressure the court may find actual undue influence as opposed to presumed undue influence. Slade LJ said: ‘Ever since the judgments of this court in Allcard v Skinner a . .
Cited by:
Cited – Halpern and Another v Halpern and others ComC 4-Jul-2006
The court considered whether a party can avoid a contract procured by duress in circumstances where he cannot offer the other party substantial restitutio in integrum.
Held: Unless the claimant could offer counter-restitution, the remedy of . .
Lists of cited by and citing cases may be incomplete.
Undue Influence, Banking, Equity
Updated: 19 November 2022; Ref: scu.80168
