The parties had lived together but were now separated and sought orders as to their property. A presumption of undue influence arose because of a trust deed executed without having taken independent advice.
Held: Nothing had been put forward to rebut the presumption of undue influence, and the appeal succeeded. The designated civil judge should consider the nature of a case and the issues which arose before allocating such a case to a district judge.
Citations:
Times 14-Jan-2005
Jurisdiction:
England and Wales
Litigation Practice, Undue Influence
Updated: 09 May 2022; Ref: scu.222847
