swarb.co.uk - law index
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Undue Influence - From: 2000 To: 2000
This page lists 9 cases, and was prepared on 21 May 2019.
Barclays Bank Plc v Coleman and Others Times, 05 January 2000; Gazette, 20 January 2000; [2001] QB 20
5 Jan 2000
CA
Nourse LJ
Undue Influence, Banking
It is still the case that a claimant, arguing for a charge to be set aside for undue influence must show some manifest and clear disadvantage arising from the charge. This may be subject to change in the future, but still applies now. A document required to be executed before an independent solicitor, but witnessed by a legal executive with the authority of his solicitor employer was properly executed and counted as having been given under such independent advice.
1 Cites
1 Citers
Biggins v Biggins Unreported, 28 January 2000
28 Jan 2000
Undue Influence
After the death of his common law wife, the deceased was visited by his brother, and later the brother's daughter prepared and sent him a draft will. He suggested amendments to his own solicitor who prepared the new will. The brother sought to propound the amended draft, but was opposed by the son who alleged undue influence. An earlier will gave everything to the son. The draft left his bungalow to the son subject to the payment of funeral expenses but the contents were left to his brother and other members of his brother's family and the residue was divided between the family. The solicitor confirmed he had queried his instructions and had them confirmed by the the deceased who told him he thought his son was sufficiently provided for by the gift of the property and that he wished now to benefit his brother and his brother's family. The son argued that his father's free will had been unfairly influenced by the fact that his uncle had visited the deceased at a time when the deceased was "unwell, grief stricken and vulnerable". Held: Although the deceased was indeed grief stricken and unwell there was no evidence that he was particularly vulnerable and the very fact of his making amendments to the draft Will that was sent to him and the conversation he had with his own Solicitor showed that the deceased had made up his own mind. Undue influence had not been established.
National Westminster Bank Plc v Kostopoulos and Another; CA 2-Mar-2000 - Times, 02 March 2000
The Special Trustees of Great Ormond Street Hospital for Children v Rushin, Billing and others Unreported, 19 April 2000
19 Apr 2000
Undue Influence
The deceased had been an elderly and vulnerable widow whose husband had recently died. Her first will left most her estate to claimant trustees, but before her death she substantially diminished her estate by transfers to her carers, the defendants. One had suggested that Mrs Morris should transfer the house (worth over 200,000.00pounds) to her for a noninal sum, and an agreement to look after Mrs Morris, in the house, for the rest of her life. Other substantial gifts and loans were made and the defendant was made a co-signatory on a bank account. The claimant charity sought to set aside the gifts, asserting undue influence. Held: The special relationship between Mrs Morris and Mrs Rushin, namely that of a carer and a vulnerable person, entitled the court to presume undue influence.
Isabella Doris Briggs Or Broadway v Clydesdale Bank Plc; OHCS 26-May-2000 - Times, 12 September 2000; [2000] ScotCS 138
Alliance and Leicester Plc v Slayford and Another; CA 12-Oct-2000 - Gazette, 26 October 2000; Times, 19 December 2000; [2000] EWCA Civ 257
Barbara Ann Leggatt v National Westminster Bank Plc Times, 16 November 2000; Gazette, 02 November 2000; [2001] 1 FLR 563; [2000] EWCA Civ 261
19 Oct 2000
CA
Banking, Undue Influence
Where a wife executed a charge over a jointly owned property to secure her joint debts, and then seventeen years later executed a replacement charge to secure borrowings of the husband and she had received independent advice, she could not assert that the bank was fixed with notice of the undue influence of her husband. In any event the new charge was not on its face disadvantageous to her. If the new charge had not been executed the business would have failed, and she would have been caught by the earlier charge in any event.
1 Citers
[ Bailii ]
Naidoo and Another v Naidu and Others Times, 01 November 2000
1 Nov 2000
CA
Undue Influence
The application of the doctrine of undue influence need not be restricted to situations where the party against whom it was alleged had sought to create a benefit for themselves. The vice in the transaction was the abuse by somebody in a position of trust, and of the trust placed in them. The fact that the transaction originated with a third party other than the wrongdoer was irrelevant if that relationship of trust and confidence existed, and it was fair to presume that the relationship had been abused in procuring the transaction.
First National Bank Plc v Walker and Another; CA 23-Nov-2000 - Times, 13 February 2001; [2000] EWCA Civ 3015; [2001] 1 FCR 21; [2001] 1 FLR 505; [2001] Fam Law 182