Goodchild v Bradbury & Ors [2006] EWCA Civ 1868 (15 December 2006)

Goodchild v Bradbury & Ors [2006] EWCA Civ 1868 (15 December 2006)

The presumption of undue influence arose due to the relationship of trust and confidence and the inexplicability of the gift; the evidence did not rebut the presumption as the donor did not act with full, free and informed thought; both transfers were set aside as the subsequent transferee had notice of the relevant facts.

Citation
[2006] EWCA Civ 1868
Parties
Claimant/appellant: Leslie Goodchild; First Defendant/respondent: Shane Bradbury; Second Defendant/respondent: Stephen Hillier
Jurisdiction
England and Wales
Judgment Date
15 December 2006
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed; both transfers set aside.
Legal Topics
Undue Influence, Setting Aside Transfers, Constructive Notice, Gifts of Land
Equity Property Law Undue Influence Setting Aside Transfers Constructive Notice Gifts of Land

Case Brief

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Parties

Leslie Goodchild

Claimant/appellant

Shane Bradbury

First Defendant/respondent

Stephen Hillier

Second Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the transfer of property by the appellant to his great nephew was procured by undue influence and should be set aside
  2. 2 Whether the subsequent transferee took with notice of the undue influence and is affected by it

Ratio Decidendi

The presumption of undue influence arose due to the relationship of trust and confidence and the inexplicability of the gift; the evidence did not rebut the presumption as the donor did not act with full, free and informed thought; both transfers were set aside as the subsequent transferee had notice of the relevant facts.

Court Disposition

Appeal allowed; both transfers set aside.

Orders

  • First transfer from Goodchild to Bradbury set aside.
  • Second transfer from Bradbury to Hillier set aside.