Burton v Walters [2016] EWCA Civ 675 (15 June 2016)

Burton v Walters [2016] EWCA Civ 675 (15 June 2016)

The judge found no undue influence, concluding the Applicant entered into the charge of her own free will. The contractual terms were interpreted to require interest payments from completion, not only after amounts became due.

Citation
[2016] EWCA Civ 675
Parties
Applicant: Burton; Respondent: Walters
Jurisdiction
England and Wales
Judgment Date
15 June 2016
Procedural Posture
Appeal / Permission to Appeal (renewed Application)
Outcome
Permission to appeal refused
Legal Topics
Undue Influence, Interest on Deferred Consideration, Loan Notes, Possession Proceedings
Civil Procedure Property Law Contract Law Undue Influence Interest on Deferred Consideration Loan Notes Possession Proceedings

Case Brief

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Parties

Burton

Applicant

Walters

Respondent

Procedural Posture

Appeal / Permission to Appeal (renewed Application)

Legal Issues

  1. 1 Whether the Applicant was subject to undue influence in entering the charge over the family home
  2. 2 Proper construction of the agreement regarding the amount and timing of interest payable on deferred consideration

Ratio Decidendi

The judge found no undue influence, concluding the Applicant entered into the charge of her own free will. The contractual terms were interpreted to require interest payments from completion, not only after amounts became due.

Court Disposition

Permission to appeal refused

Orders

  • Renewed application for permission to appeal is refused