Smith v Cooper and Another: CA 25 Jun 2010

The Court set out the test for where to set aside a transaction after a finding of undue influence: ‘[where] the presumption of undue influence applies, that is to say, the court will presume that the transaction was procured by undue influence exercised by one party over the other, in other words by the abuse by the one of the position of influence that he has over the other. In such a case it is then up to the one party to prove that the transaction was not procured by an abuse of his position of influence but was rather the free exercise of the will of the other party as a result of full, free and informed thought.’
Jacob, Lloyd, Wilson L
[2010] EWCA Civ 722, [2010] 2 FCR 551, [2010] 2 FLR 1521
Bailii
England and Wales
Cited by:
CitedBrown v Stephenson ChD 23-Aug-2013
The claimant sought to have set aside transfers and declarations of trust made by her in the defendant’s favour, saying that they had been given under his undue influence taking advantage of her dyslexia, and by bullying.
Held: The claims of . .

These lists may be incomplete.
Updated: 25 February 2021; Ref: scu.418436