| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 136 (Oct) |
| Neutral Citation: | [2004] EWHC 2201 (Ch) |
| Court: | Chancery Division |
| Judge: | Rimer J |
| Representation | Josephine Hayes (instructed by Pumfrey & Lythaby) for the claimant. |
| Rupert D'Cruz (instructed by Weil Gotshal & Manges) for the defendant. | |
| Judgment Dates: | 12 October 2004 |
Catchwords
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.
The Case
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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