Source: All England Reporter
Publisher Citation: [2013] All ER (D) 264 (Jun)
Neutral Citation: [2013] EWHC 1725 (Ch)
Court: Chancery Division, Cardiff District Registry
Judge:

Judge Keyser QC (sitting as a judge)

Representation Nigel Thomas (instructed by Aaron & Partners LLP) for the claimants.
  Geraint Jones QC and Gwydion Hughes (instructed by Milwyn Jenkins & Jenkins) for the defendants.
Judgment Dates: 24 June 2013

Catchwords

Equity - Undue influence - Relationship of parties - Farm worker, W, living for many years with defendant employers - W inheriting land from brother - W making gift of land to defendants - Claimant relatives of W commencing proceedings - Whether defendants having undue influence over W - Whether unconscionable transaction occurring - Whether W having previously executed will.

The Case

Equity Undue influence. The Chancery Division considered the making of a gift of land by a farm worker, W, to his former employers, with whom he had lived for many years. The court held that the defendants had not had undue influence over W, and that the evidence did not support the finding that an unconscionable transaction had taken place. It further held that, on the evidence, W had not made an executed will.

Practice Areas

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