Undue influence
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Turkey v Awadh
Undue influence — Contract for transfer of property from daughter to father — Appellant arguing that presumption of undue influence arising — Whether transaction explicable by ordinary motives — Appeal…
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PP 2004/19
A voidable principal mortgage may also render voidable a subsequent replacement mortgage. In Yorkshire Bank plc v Tinsley [2004] EWCA Civ 816; [2004] 28 EG 176 (CS), the Court of…
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Humphreys v Humphreys
Undue influence — Presumption — Claimant purchasing under right-to-buy legislation and obtaining discount — Defendant responsible for payments under mortgage — Trust deed giving defendant 100% beneficial interest in house…
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Yorkshire Bank plc v Tinsley
Mortgages voidable for undue influence — New mortgage substituted over different property — Whether invalidity of original mortgages affecting replacement mortgage — Appeal allowed
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Macklin and others v Dowsett
Life tenancy — Planning permission to construct bungalow — Option to require surrender of tenancy if bungalow not built within three years — Whether option agreement procured by undue influence…
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Vale v Armstrong and another
Transfer of property at undervalue — Power of attorney — Undue influence — Whether presumption of influence rebutted — Whether breach of attorney’s fiduciary duty — Whether breach of section…
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Pesticcio v Huet and others
Undue influence — Deed of gift of house by brother to sister — Relationship of trust and confidence found to exist — Presumption of undue influence — Burden of proof…
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Popowski v Popowski
Purchase of property — Purchasers entitled to discounted price under right-to-buy scheme — Purchasers’ son undertaking to pay mortgage — Agreement providing for son to take entire beneficial interest with…
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Papouis v Gibson-West
Defendant and deceased third party entering into deed of trust — Third party bequesthing trust property to defendant — Claimant maintaining that third party entering into trust arrangement by reason…
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Mortgage Agency Services Number Two Ltd v Chater and another
Legal charge — Undue influence — Appellant and son jointly applying for loan to be secured on appellant’s home to finance son’s business venture — True purpose of loan not…
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First National Bank plc v Achampong and others
Legal charge — Undue influence — Wife executing charge over property in favour of appellant bank — Whether bank having constructive notice of undue influence by husband — Whether equitable…
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UCB Corporate Services Ltd v Williams and others
Legal charge — Validity — Undue influence — Appellant executing charge over family home to secure indebtedness of husband’s business — Solicitor retained by appellant and husband witnessing signatures –…