The defendant had charged her property to secure her employer’s debt. When the bank sought repossession, she said that the charge had been affected by the undue influence and that the terms of the charge were so harsh and inconscionable that a court should not enforce it.
Judges:
Nousre, Millett, Swinton Thomas LJJ
Citations:
[1996] EWCA Civ 1292, [1997] 1 All ER 144, [1997] 2 FCR 1, [1997] 74 P and CR 384, [1997] 29 HLR 513, [1997] Fam Law 168, [1997] 1 FLR 11
Links:
Jurisdiction:
England and Wales
Citing:
Approved – Multiservice Bookbinding Ltd v Marden ChD 1978
To have a transaction set aside as a harsh and unconscionable bargain, a party would have to show not only that the terms of the transaction were harsh or oppressive, but also moral unfairness. Browne-Wilkinson J said: ‘In my judgment a bargain . .
Cited by:
Cited – Jones v Morgan CA 28-Jun-2001
The claimant appealed against an order refusing him enforcement an agreement for the purchase of a one half share in a property. The judge had found the agreement to be unconscionable.
Held: The appeal was dismissed. The judge had wrongly . .
Lists of cited by and citing cases may be incomplete.
Undue Influence
Updated: 31 October 2022; Ref: scu.245309
