Arora v Singh [2002] EWCA Civ 341 (8 February 2002)

Arora v Singh [2002] EWCA Civ 341 (8 February 2002)

The judge's findings of fact were unassailable; the mother willingly executed the charge to frustrate her son's designs and to secure repayment of money borrowed from her daughter. There was no undue influence by the daughter, and the mother understood the nature and consequences of the transaction.

Citation
[2002] EWCA Civ 341
Parties
Claimant/applicant: Ramesh Devi Arora; Defendant/respondent: Anita Singh
Jurisdiction
England and Wales
Judgment Date
08 February 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Undue Influence, Legal Charge, Findings of Fact, Independent Legal Advice
Property Law Equity Family Law Undue Influence Legal Charge Findings of Fact Independent Legal Advice

Case Brief

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Parties

Ramesh Devi Arora

Claimant/applicant

Anita Singh

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the legal charge over the claimant's property should be declared null and void
  2. 2 Whether the transaction was procured by undue influence

Ratio Decidendi

The judge's findings of fact were unassailable; the mother willingly executed the charge to frustrate her son's designs and to secure repayment of money borrowed from her daughter. There was no undue influence by the daughter, and the mother understood the nature and consequences of the transaction.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused
  • Claim to set aside the legal charge dismissed