A local authority and others v L – WLR Daily

Posted March 30th, 2012 in duress, elderly, injunctions, law reports, mental health, undue influence by tracey

A local authority and others v L: [2012] EWCA Civ 253;  [2012] WLR (D)  101

“The High Court’s inherent jurisdiction to protect vulnerable adults had survived the implementation of the Mental Capacity Act 2005. Thus the court could act where an adult’s capacity to make decisions for herself was overborne by circumstances such as undue influence or duress which were not covered by the Act.”

WLR Daily, 28th March 2012

Source: www.iclr.co.uk

Sir Malcolm Arnold’s carer wins battle on final music score – BBC News

Posted March 9th, 2012 in carers, news, undue influence, wills by tracey

“A carer who looked after the composer of the music for the Bridge On the River Kwai has won a High Court battle over his final work.”

Full story

BBC News, 8th March 2012

Source: www.bbc.co.uk

Widow conned by husband into paying £1m debt – Daily Telegraph

Posted February 28th, 2012 in banking, debts, news, undue influence by tracey

“A widow who says she was conned by her violent art dealer husband into picking up a £1 million debt when he died is fighting a unique High Court battle for the return of the cash.”

Full story

Daily Telegraph, 28th February 2012

Source: www.guardian.co.uk

Daughter of stroke victim who gave £500,000 to secretary in legal tussle – Daily Telegraph

Posted October 13th, 2011 in Court of Protection, news, undue influence by tracey

“The daughter of an elderly stroke victim who gave over half a million pounds to the secretary who helped draw up his will has won a bitter dispute to get the money back.”

Full story

Daily Telegraph, 12th October 2011

Source: www.telegraph.co.uk

Carer who ‘bullied’ elderly auctioneer loses battle for £2.3million share of his fortune – Daily Telegraph

Posted January 21st, 2011 in estoppel, misrepresentation, news, undue influence by sally

“A ‘dictatorial’ carer who bullied an elderly auctioneer who sold the Duchess of Windsor’s jewellery lost a court battle for a £2.3million share of his fortune after she was condemned as a brazen liar by a judge.”

Full story

Daily Telegraph, 20th January 2011

Source: www.telegraph.co.uk

Gill v Woodall and others – WLR Daily

Posted December 16th, 2010 in law reports, married persons, mental health, undue influence, wills by sally

Gill v Woodall and others [2010] EWCA Civ 1430; [2011] WLR (D) 328

“To determine whether a testatrix knew and approved the contents of her will the proper approach was to consider the factual and expert evidence and to ask whether the testatrix appreciated what was in the will when she signed it. It was not necessary to break down the issue into two separate questions of whether a prima facie case had been made out that the testatrix had not known or approved of the contents of her will and then whether the beneficiary had rebutted that case.”

WLR Daily, 15th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Stepmother wins High Court ruling over £1.8m feud – The Independent

Posted June 29th, 2010 in news, undue influence by sally

“The three children of a wealthy electronics engineer lost a High Court feud with their stepmother today over a £1.8 million cash transfer a few months before his death.”

Full story

The Independent, 29th July 2010

Source: www.independent.co.uk

Wife wins mortgage appeal after husband’s affair – The Independent

Posted March 25th, 2010 in appeals, matrimonial home, mortgages, news, repossession, undue influence by sally

“A wife who signed a joint remortgage with her husband while he was having an affair will no longer have to meet her repayments, the Court of Appeal ruled today.”

Full story

The Independent, 24th March 2010

Source: www.independent.co.uk

Prince Charles’s architecture foundation could face investigation – The Guardian

Posted August 20th, 2009 in charities, news, royal family, undue influence by sally

“Charity Commission considers whether to launch inquiry after allegations prince has undue influence over direction of Foundation for the Built Environment.”

Full story

The Guardian, 20th August 2009

Source: www.guardian.co.uk

Doctor sues former ‘guru’ after giving away all his possessions – The Guardian

Posted July 8th, 2009 in news, personal injuries, undue influence by sally

“A formerly wealthy doctor, Dr Yehu Azaz, is suing a spiritual healing centre for millions of pounds after claiming he was influenced by a guru into giving away all his money.”

Full story

Daily Telegraph, 8th July 2009

Source: www.telegraph.co.uk