Tomson v Judge: 25 Jun 1855

A, who was proved to have entertained feelings of peculiar personal regard for B, his solicitor, conveyed to him certain rea1 estate by a deed, on the face of it a purchase deed the consideration was andpound;1000, the real value upwards of andpound;1200. B. produced evidence to shew that no money passed ; that the transaction was never intended to be a purchase, but a gift for his services and from affection. B. had himself prepared the deed, and A. had no other advice. Held, that the rule is absolute that a solicitor cannot sustain a gift from his client made pending the relation of solicitor and client; and the deed was set aside.
Kindersley V-C said the solicitor must show that: ‘the transaction was perfectly fair, that the client knew what he was doing, and that a fair price was given’.

Kindersley VC
[1855] EngR 631, (1855) 3 Drew 306, (1855) 61 ER 920
Cited by:
CitedWright v Carter CA 1903
The plaintiff sought to set aside a gift that he had made to his solicitor asserting undue influence.
Vaughan Williams LJ said: ‘. . whenever you have these fiduciary relations (and in the present case we have to deal with the particular . .

Lists of cited by and citing cases may be incomplete.

Legal Professions, Undue Influence

Updated: 10 January 2022; Ref: scu.292553