Insights / News
Insights / News
Teresa Rosen Peacocke has authored an article published in the Trust Quarterly Review, titled ‘Under the Influence’. The article is a discussion of two England and Wales cases and the relationship necessary to raise a presumption of undue influence.
Teresa discusses two contrasting cases concerning the question of whether there are limits in principle on when and how a relationship of influence can arise for the purposes of the doctrine of presumed undue influence.
The first case Teresa examines is Macklin v Dowsett, in which the England and Wales Court of Appeal allowed an appeal on the basis that a relationship of influence sufficient to ground a finding of presumed undue influence arose in the course of the transaction under scrutiny.
The second case is Perwaz v Perwaz, in which HHJ Cooke upheld an appeal against a finding
of presumed undue influence on the basis that it was wrong in law to ground such a finding on a relationship of influence that arises in relation to the impugned transaction itself.
Teresa argues that Macklin is correct and Perwaz is wrong, as a matter of precedent, principle and policy of the doctrine of undue influence. The only requirements are that the relationship is operative at the time the impugned transaction is effected, and is of a kind that is capable of influencing such a transaction.
The next volume of the Trust Quarterly Review will be posted on the 4th December 2019 and can be read here.
Teresa specialises in Commercial and Chancery litigation, Private International Law and International Arbitration. To find out more, contact Matt Sale (+44 (0)20 7427 4910) or Peter Foad (+44 (0)20 7427 0807).
News 3 Dec, 2019