Paull v Paull

Paull v Paull

The transfer of the property was set aside because there existed a relationship of trust and confidence between the claimant and defendant, the transaction called for explanation and was not reasonably explicable, and the presumption of undue influence was not rebutted. The claimant did not receive sufficient independent advice, was not made fully aware of the risks, and the defendant's influence was not dissipated.

Parties
Claimant: Nevill Robert John Paull; Defendant: Bradley Lewis Paull
Jurisdiction
England and Wales
Judgment Date
26 November 2018
Procedural Posture
Civil / Judgment After Trial
Outcome
Transfer set aside for presumed undue influence
Legal Topics
Undue Influence, Setting Aside Transactions, Proprietary Estoppel, Trust and Confidence in Family Transactions
Equity Property Law Undue Influence Setting Aside Transactions Proprietary Estoppel Trust and Confidence in Family Transactions

Case Brief

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Parties

Nevill Robert John Paull

Claimant

Bradley Lewis Paull

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the transfer of property from the claimant to the defendant should be set aside for presumed undue influence
  2. 2 Whether the presumption of undue influence was rebutted by evidence of independent advice or understanding
  3. 3 Whether the transaction called for explanation and was reasonably explicable on ordinary motives

Ratio Decidendi

The transfer of the property was set aside because there existed a relationship of trust and confidence between the claimant and defendant, the transaction called for explanation and was not reasonably explicable, and the presumption of undue influence was not rebutted. The claimant did not receive sufficient independent advice, was not made fully aware of the risks, and the defendant's influence was not dissipated.

Court Disposition

Transfer set aside for presumed undue influence

Orders

  • The transfer of the property from the claimant to the defendant is set aside.