|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 307 (Mar)|
|Court:||Court of Appeal, Civil Division|
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|
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.