Sentences with phrase «presumed undue»

[2013] EWCA 465), an appeal in which the Court of Appeal reaffirmed the test for presumed undue influence set out by Lord Nicholls in RBS v Etridge

Accordingly, the judge found there was no positive evidence of presumed undue influence and he rejected the claim.

C alleged presumed undue influence although Mr Justice Patten considered that she had pleaded actual undue influence or misrepresentation.

Rosanna Foskett examines the recent judgment in Hart and Samways v Burbidge, which illustrates how the courts will apply the principle of presumed undue influence, even where such influence was not intentional

Acting for the successful claimants in the recent leading case regarding presumed undue influence: Hart and Samways v Burbidge [2013] 1628 (Ch).

Not exact matches

As with the barriers to the making the change, undue focus on the presumed negative consequences can paralyze action before it even begins.