||All England Reporter
|| All ER (D) 136 (Oct)
|| EWHC 2201 (Ch)
||Josephine Hayes (instructed by Pumfrey & Lythaby) for the claimant.
||Rupert D'Cruz (instructed by Weil Gotshal & Manges) for the defendant.
||12 October 2004
Equity - Undue influence - Deed - Trust deed - Mother and son purchasing property - Mother holding property on trust - Mother later seeking to set aside trust deed - Consideration of relevant facts.
In the instant case the trust deed relating to a property purchased in the claimant's name was set aside as, on the evidence, the defendant had failed to rebut the presumption of undue influence which had arisen in the context of the relationship between the parties.
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