swarb.co.uk - law index
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Undue Influence - From: 2002 To: 2002
This page lists 6 cases, and was prepared on 21 May 2019.
ÂThe Centre for Reproductive Medicine v U [2002] EWHC 36 (Fam)
24 Jan 2002
FD
The President
Health, Undue Influence
The defendant sought to use the sperm of her deceased husband for her insemination. The deceased had apparently withdrawn his consent to the use of his sperm posthumously. His widow claimed that he had been influenced to change the form, by an implied threat that the treatment would not continue. Held: the case of re T established that for undue influence it must be shown that the patients will was overborne. That was not the case here.
Human Fertilisation and Embryology Act 1990
1 Cites
1 Citers
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Mumby v Hardingham [2002] EWCA Civ 624
15 Apr 2002
CA
Sumner
Undue Influence
[ Bailii ]
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U v Centre for Reproductive Medicine [2002] EWCA Civ 565
24 Apr 2002
CA
Lady Justice Hale
Health, Undue Influence
The claimant appealed a refusal to grant an order preventing the destruction of the sperm of her late husband held by the respondent fertility clinic. The clinic had persuaded her husband to sign a form of consent for this purpose. The claimant said that the form had been obtained by undue influence, believing that the treatment would not be provided unless it was signed. He had first completed the form to refuse such consent, but the staff had persuaded him to change it. Held: A withdrawal of consent might be vitiated by undue influence. It was for the claimant to establish undue influence. However here, the issue is not strictly one of undue influence, but rather of a consent given within a particular statutory context. The court stressed the great importance to be attached to the prescribed form completed in compliance with Schedule 3 of the Act. The judge's decision was essentially one of fact having heard and seen the witnesses. That decision was not to be disturbed.
Human Fertilisation and Embryology Act 1990
1 Cites
1 Citers
[ Bailii ]
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UCB Corporate Services Limited v Christine Ann Williams Times, 27 May 2002; Gazette, 13 June 2002; [2002] EWCA Civ 555
2 May 2002
CA
Lord Justice Peter Gibson
Land, Equity, Undue Influence
The wife of a borrower sought to defend a claim for possession of the property by the chargor. She claimed that he signature had been obtained by an equitable fraud. Held: Undue influence occurred when improper means of persuasion were used to procure the complainant's consent such that the consent ought not fairly to be treated as the expression of the complainant's free will. Equity proceeded on the basis that there was no consent. Such would be enough to set aside the transaction as against the wrongdoer, and the lender was fixed with notice of that right. There was no need for the wife to establish that but for the trick, she would not have signed.
1 Cites
1 Citers
[ Bailii ]
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Margaret Betina Hammond v Susan Osborn and Another Times, 18 July 2002; Gazette, 05 September 2002; [2002] EWCA Civ 885; [2002] WTLR 1125
27 Jun 2002
CA
Sir Martin Nourse, Lord Justice Ward and Lord Justice Keene
Undue Influence
Where there was any relationship of trust and confidence between parties, and a substantial gift was made by the one in whom that trust was placed, there would be a presumption of undue influence. Undue influence is a matter of public policy. In a case such as this where the gift created a substantial tax liability, it was incumbent upon the donee to provide evidence that the gift had only been made after full, free and informed thought, and in the absence of such evidence the gift might be set aside. A finding that the gift was spontaneous, and not made in response to pressure and in a full and independent exercise of the donor's was not enough to rebut the presumption. The presumption is rebutted by proof that the gift was "the spontaneous act of the donor acting under circumstances which enabled him to exercise an independent will and which justifies the court in holding that the gift was the result of a free exercise of the donor's will" (Cotton LJ) The court emphasised the need for proper independent legal advice: “Independent advice is thus usually the crucial evidence going to the rebuttal of the presumption.”
1 Cites
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Padgham and another v Rochelle and another Gazette, 03 October 2002
1 Aug 2002
ChD
Mr Launcelot Henderson QC, sitting as a deputy judge of the division
Agriculture, Land, Undue Influence
The testator occupied farmland and buildings. He was helped in maintaining the farm by his son, but gave the land to his grandchildren by his will. The son claimed to have been granted an informal written agricultural tenancy by his father before his death. Held: The arrangement was not intended to create legal relations, and no tenancy was created. The agreement was sufficient to satisfy section 52, but in construing it, the court had to allow for the fact that the deceased had placed particular trust and confidence in the son, and a presumption of undue influence arose. The claimant had not displaced that presumption, and the tenancy agreement was set aside.
Law of Property Act 1925 52
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