Undue influence
Can a court make a finding of actual undue influence even if this is not pleaded? Even where a finding of undue influence is made, if one part of the transaction is not affected by the undue influence,...
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RSSThe Mortgage Repossessions (Tenant Protection) Act 2010
The Mortgage Repossessions (Tenant Protection) Act 2010 (“the Act”) has now been passed. The aim of the Act is to provide protection to unauthorised tenants where a tenancy has been granted by a...
Undue influence – the concealment of affair amounts to undue influence
The issue of undue influence has been a matter which has troubled the courts for many years. However, following the House of Lords decision in Royal Bank of Scotland plc v Etridge (2001) ("Etridge"), most...
Homebuy Direct: A lifeline for residential developers and first time buyers alike?
The past two years have seen an increase in shared ownership schemes offered by developers, as they seek to assist first time buyers in getting their foot on the property ladder.
In addition to the...
Consumer credit multiple agreements
This case looked at the interpretation of section 18 of the Consumer Credit Act 1974 (“the Act”) dealing with a multiple agreement.
There was a disagreement between the parties and indeed between...
