Royal Bank of Scotland plc v Etridge (No 2) [2001] UKHL 44

Undue influence: On the side of caution

Mark Pawlowski looks at the duties of a solicitor advising a spouse who may be at risk of being influenced into charging their interest in the family home as security for their spouse’s indebtedness The solicitor’s task in providing independent advice should not be viewed as purely a formality or a charade. They should obtain …

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Mackay v Wesley WTLR(w) 2021-03

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Trustees: Mistaken loyalty

Those taking on a trusteeship must be fully informed. Graeme Kleiner, Hugh Gunson and Thomas Watts discuss Mackay, which develops the grounds on which such appointments can be set aside The claimant’s acceptance of her appointment could be severed from the DORA without offending the rule against partial rescission and without operating unfairly on any …

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Wills: Prevention rather than cure

Duncan Bailey and Imogen Trafford discuss best practice to guard against undue influence claims HHJ Matthews considered that the advice and explanation given by the solicitor was sufficient to free the deceased from any influence that might have been exercised by the first defendant. Coles v Reynolds [2020] demonstrates some of the appropriate safeguards that …

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Mortgages: Assessing secret commissions

Joe Edwards and Will Leney report on a case relating to mortgage enforceability and secret commissions ‘In this case, the court determined that the payments to UKFMS were fully secret commissions as Mrs Wood had not received written notice of the amounts in accordance with the broker’s terms and conditions.’ On 5 November 2019, the …

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