Wright v Cherrytree Finance Ltd & Ors [2001] EWCA Civ 449 (26 March 2001)

Wright v Cherrytree Finance Ltd & Ors [2001] EWCA Civ 449 (26 March 2001)

The mortgage was set aside because it was procured by undue influence and misrepresentation, and Cherrytree Finance had constructive notice of this but failed to take sufficient steps (such as a personal interview or ensuring independent legal advice) to protect the claimant.

Citation
[2001] EWCA Civ 449
Parties
Claimant (respondent): June Wright (also known as June Fry); Defendant (appellant): Cherrytree Finance Limited; Part 20 Defendant: Darren Scott; Part 20 Defendant: Cora Scott
Jurisdiction
England and Wales
Judgment Date
26 March 2001
Procedural Posture
Civil Appeal / Appeal From Bristol County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Undue Influence, Misrepresentation, Constructive Notice, Mortgages, Rescission
Equity Contract Law Property Law Undue Influence Misrepresentation Constructive Notice Mortgages Rescission

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Parties

June Wright (also known as June Fry)

Claimant (respondent)

Cherrytree Finance Limited

Defendant (appellant)

Darren Scott

Part 20 Defendant

Cora Scott

Part 20 Defendant

Procedural Posture

Civil Appeal / Appeal From Bristol County Court Judgment

Legal Issues

  1. 1 Whether the mortgage was procured by undue influence and/or misrepresentation
  2. 2 Whether Cherrytree Finance had constructive notice of undue influence
  3. 3 Whether Cherrytree Finance took sufficient steps to dispel the effect of undue influence

Ratio Decidendi

The mortgage was set aside because it was procured by undue influence and misrepresentation, and Cherrytree Finance had constructive notice of this but failed to take sufficient steps (such as a personal interview or ensuring independent legal advice) to protect the claimant.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with agreed costs in the sum of £2,451.09