To show undue influence the party must show ‘actual domination . . over the mind and will’ of the person affected. (Jenkins LJ) or the influence may be described in terms of the domination by the wrongdoer of the mind and will of the complainant and ‘in which it could fairly be said that the plaintiff’s mind was in effect a mere channel through which the will of the defendant operated’ (Morris LJ)
The categories of fiduciary relationships are not closed, and a fiduciary relationship in respect of a transaction may arise though there has been no anterior relationship between the parties to that transaction.
Judges:
Jenkins LJ, Morris LJ
Citations:
[1952] 2 TLR 516, [1952] WN 439
Jurisdiction:
England and Wales
Undue Influence
Updated: 23 June 2022; Ref: scu.221025