Source:	All England Reporter
Publisher Citation:	[2001] All ER (D) 307 (Mar)
Court:	Court of Appeal, Civil Division
Judge:	Henry, Hale LJJ and Sir Christopher Staughton
Representation	Nicholas Sproull (instructed by Kirby Simcox) for the claimant.
	Richard Carter (instructed by Richards) for the first defendant.
Judgment Dates:	26 March 2001

Catchwords

Equity - Undue influence - Misrepresentation by person exercising influence - Effect of misrepresentation - Constructive notice of misrepresentation or undue influence - Claimant's son-in-law acquiring loan secured by charge over property owned solely by claimant - Son-in-law misrepresenting effect of charge to claimant - Son-in-law failing to make repayments - Claimant seeking to rescind mortgage agreement - Whether judge entitled to find actual undue influence - Whether finance company fixed with constructive notice of son-in-law's misrepresentation - Whether finance company taking reasonable steps to dispel effect of constructive notice.

The Case

Practice Areas

• Company Commercial
• Dispute Resolution
• Property

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