swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Undue Influence - From: 2004 To: 2004
This page lists 10 cases, and was prepared on 21 May 2019.
Popowski v Popowski [2004] EWHC 668
2004
ChD
Richard Sheldon QC
Undue Influence
Mrs P wanted to set aside a declaration of trust under which she and her late husband had transferred property to her son the defendant, in return for the financial assistance received from him. She asserted undue influence since she and her husband had placed trust and reliance on their son. The arrangements were embodied in a trust deed. Janek was to pay the sums due under the mortgage used to purchase the property, and she and her husband gave Janek their interests in the house reserving only a right to occupy the property rent free until they both died. She said that this had not been fair because she should have had 60% of the beneficial interests because of her entitlement to a 60% discount against its true value at the time of purchase. Held: The necessary rust and influence had been shown but without Janek's financial assistance from the claimant could not have purchased the property and therefore would not have achieved the discount. The claimant and her husband had lived in the house rent free for 16 years and the trust deed had accurately reflected the arrangements between the parties. Janek had provided an explanation sufficient to rebut the presumption of undue influence.
Aldridge and Hunt v Turner and Turner [2004] EWHC 2768
2004
Undue Influence
The executors sought a declaration that the defendants, the son and his wife, owed money to the estate. They had cared for the deceased. The son was also the residuary benficiary. Whilst the father had been in hospital, the son had made 62 withdrawals from his bank account. Some were explained but the disproportionate total placed the burden rebutting a presumption of undue influence on him. Held: Although some of the payments appeared legitimate there remained a greater sum taken which had to be repaid.
Anthony Papouis v Valerie Gibson-West [2004] EWHC 396 (Ch)
4 Mar 2004
ChD
The Honourable Mr Justice Lewison
Trusts, Undue Influence
The deceased had purchased her flat using the discount available as a tenant, and money contributed by the defendant. A deed of trust had been executed, which the claimant now asserted had been obtained by undue influence. Held: The principles underlying undue influence had been established in Etridge. The relationship between the parties was warm and friendly, and in the making of the deed of trust the relationship between Miss Bennett and Mrs Gibson-West was not such as to raise any evidential presumption of undue influence. The court set out a summary of the law of undue influence.
1 Cites
1 Citers
[ Bailii ]
Niersmans v Pesticcio [2004] EWCA Civ 372
1 Apr 2004
CA
Lord Justice Mummery Lord Justice Pill Lord Justice Jacob
Undue Influence
A house have been given by a man with learning difficulties to her sister. The case appealed an order that undue influence had applied. Held: The gift failed despite the attempt at independent legal advice. The court reviewed the law of undue influence. There were continuing misconceptions about the nature of undue influence "Although undue influence is sometimes described as an "equitable wrong" or even as a species of equitable fraud, the basis of the court's intervention is not the commission of a dishonest or wrongful act by the defendant, but that, as a matter of public policy, the presumed influence arising from the relationship of trust and confidence should not operate to the disadvantage of the victim, if the transaction is not satisfactorily explained by ordinary motives." The employment of a solicitor may not always guarantee that the transaction is free of undue influence: "It is necessary for the court to be satisfied that the advice and explanation by, for example, a solicitor, was relevant and effective to free the donor from the impairment of the influence on his free will and to give him the necessary independence of judgment and freedom to make choices with a full appreciation of what he was doing. "
1 Cites
1 Citers
[ Bailii ]
Punjab National Bank v Jain and others [2004] EWCA Civ 589
30 Apr 2004
CA
Banking, Undue Influence
[ Bailii ]
Vale v Armstrong, Armstrong [2004] EWHC 1160 (Ch)
21 May 2004
ChD
Mr. Justice Evans-Lombe
Land, Undue Influence, Agency
The claimant sought to set aside a transfer of his house to the defendants made at an undervalue and under an enduring power of attorney, who had charged it to raise money for their business. He had received independent advice. Held: The transaction was disadvantageous to the claimant and there was therefore a presumption of undue influence. However there was also evidence of independent advice etc to rebut that presumption, but "it by no means follows that prior legal advice rebuts the presumption."
The independent advice had failed to bring home the true disadvantages of the transaction to the claimant. The defendant failed to rebut the presumption, and it was set aside.
1 Cites
[ Bailii ]
Yorkshire Bank Plc v Tinsley [2004] EWCA Civ 816; Times, 12 August 2004; [2004] 3 All ER 463; [2004] 1 WLR 2380
25 Jun 2004
CA
Lord Justice Peter Gibson Lord Justice Rix Lord Justice Longmore
Land, Undue Influence
The defendant's husband had charged the matrimonial home on several occasions to the claimant. It was found that the first charges were affected by undue influence and could not be enforced. The defendant argued that the last charge which replaced the earlier ones inherited that defect. Held: The last mortgage was inseparably connected with the earlier mortgages and there was nothing to render the past abuse, which amounted to undue influence, and of which the Bank had constructive notice, inoperative in connection with the last mortgage. As a result, the mere fact that there was no new and additional inequity in relation to the 1994 mortgage was not determinative, for the inequity of the earlier transactions had not been cured.
1 Cites
[ Bailii ]
Michael v Cansick [2004] WTLR 961; [2004] EWHC 1684 (Ch)
1 Jul 2004
ChD
Undue Influence
The father had given his house to a granddaughter. He had declared his intentions and then made a will dividing his remaining estate. The beneficiary's husband was a former solicitor who had given him occasional advice, including this gift. He had told the beneficiary about this advice but nobody else. After the donor's death, the granddaughter and her husband were accused of exercising undue influence. Held: The challenge failed. Whether there had been undue influence was a question of fact in each case. The legal burden of proof lay on the person alleging it. The grandson had first to establish that the father had placed trust and confidence in the granddaughter and her husband in relation to his financial affairs. That would discharge the evidential burden, and call for an explanation. Though it was not clear why he had taken this step, the gift was not so extraordinary as to challenge the explanation given. The relation with the granddaughter's husband was not in this case sufficient to presume undue influence. He had asked for information not advice. The gift stood.
Randall v Randall [2004] EWHC 2258 (Ch); [2005] WTLR 119
30 Jul 2004
ChD
Bartley Jones QC
Wills and Probate, Undue Influence
The executor sought to set aside gifts made by the deceased, an elderly aunt before her death to his brother, alleging undue influence. Held: The recipient had acted falsely in failing to declare overpayments of benefits. The deceased had been a difficult and eccentric character. In this case the defendant had failed to rebut the evidential presumption of undue influence. Trust and confidence had been placed by the deceased in the defendant, and the transactions called for an explanation which was not given.
1 Cites
[ Bailii ]
Eid v Al-Kazemi and Another [2004] EWCA Civ 1811
10 Dec 2004
CA
Undue Influence
[ Bailii ]
