Curtis & ors v Pulbrook & anor [2009] EWHC 782 (Ch); [2011] WTLR 1503

Equity: Gifts made good

Curtis v Pulbrook clarifies how the court treats imperfect gifts, as Tracey Angus reports ‘It is not open to the court to find that a donor intended to create a trust when he clearly intended to make a gift but failed to do so.’ The decision of Briggs J in Curtis v Pulbrook [2011] clears …

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Presumed Undue Influence: When advice is neither necessary nor sufficient

Ruth Hughes reviews case law to present the up-to-date position on presumed undue influence ‘In addition to a relationship of influence, in order for the presumption of undue influence to apply to a transaction, the transaction must be such that it “calls for an explanation”.’Equity protects so that injustice may not be perpetrated. In the …

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