The dispute between the parties concerned the ownership of a four-bedroom London apartment (the property). Monica Elaine Crossfield (the appellant) had become the council tenant of the property in 1987 under a secure tenancy with the London Borough of Lambeth (LBC). By a lease dated 26 August 2003 (the lease), LBC demised the property to her for a term of 125 years in consideration of a premium of £109,500 (the premium). The premium was calculated by the market value of the property, minus a right to buy discount by virtue of the appellant being a secure tenant. The premium was provided ...
Continue reading "Undue Influence: After Etridge"
John Pearce (Mr Pearce) died on 23 July 2008. His daughter, the claimant, challenged the validity of a will purportedly made by Mr Pearce on 20 June 2007 (the will) on grounds of lack of capacity and want of knowledge and approval, and also challenged a number of lifetime transactions said to be procured by the defendant’s undue influence.
Mr Pearce’s second marriage broke down in 2004 and he consequently became lonely and depressed. His health was generally deteriorating. He suffered from partial kidney failure, which was first noted in March 2005, and by 2006 from s...
The claimant was the owner of a smallholding that comprised a barn known as Capri Lodge (Capri Lodge) and an adjoining three-acre paddock (paddock) and seven-acre piece of woodland (woodland) at Northgate Farm, Morpeth, Northumberland, where she carried on a goat husbandry business then called Dairy Goat Produce. In August 2001 she entered into partnership with the defendant, on terms that he would carry out development works to Capri Lodge to the value of half of its then valuation of £45,000, and that they would carry on as equal partners the business now known as Capri Lodge Products....
Wynne Evans (Wynne) died on 2 September 2006 at the age of 79. He had worked on a farm from the age of 14. The farm latterly belonged to the defendants, David Lloyd (David) and his wife Elizabeth Lloyd (Elizabeth). Previously it had belonged to David’s parents and grandparents.
There was an issue as to whether Wynne had died testate or intestate. The claimants argued he died intestate but the defendants argued that he died testate and that the will, of which David was residuary beneficiary, had been lost.
The first claimant Howell Evans (Howell) is Wynne’s sole ...
The deceased, Phyllis Hart née Samways (W) died on 7 November 2008 aged 86. Her husband (H) had died in January 2005. They left three children, two sons, Kenneth (K) and Paul Hart (P) and a daughter Susan Burbidge (S), who all have children of their own. W had a twin sister (J) who died four weeks after her and three other surviving siblings: Arthur, Graham and Christine (the Samways). Some eight years before he died H wished to sell the family firm to one of his children, but only S and her husband (B) were prepared to take it over on his terms, which did not include the transfer of the...
Mr and Mrs L were an elderly married couple who, at the relevant time, were living with DL, their middle aged son, in the family home. Neither were at that time incapable, by reason of any impairment of, or disturbance in the functioning of, the mind or brain, of managing their own affairs within the meaning of the Mental Capacity Act 2005 (MCA). However, the local authority, which was concerned about alleged threatening and controlling behaviour on the part of DL, sought and obtained injunctive relief to protect Mr and Mrs L. Evidence obtained by the official solicitor concluded that bo...
Continue reading "Presumed Undue Influence: When advice is neither necessary nor sufficient"