Burton v Walters

Burton v Walters

The judge was entitled to find that the Applicant entered into the charge of her own free will and was not subject to undue influence. The contract terms required interest to be paid every three months from completion, not only after amounts became outstanding.

Parties
Applicant: Burton; Respondent: Walters
Jurisdiction
England and Wales
Judgment Date
15 June 2016
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Undue Influence, Interest on Deferred Consideration, Constructive Notice
Contract Law Property Law Undue Influence Interest on Deferred Consideration Constructive Notice

Case Brief

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Parties

Burton

Applicant

Walters

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Applicant was subject to undue influence in entering into the charge
  2. 2 Whether interest on deferred consideration was payable from completion or only after amounts became outstanding

Ratio Decidendi

The judge was entitled to find that the Applicant entered into the charge of her own free will and was not subject to undue influence. The contract terms required interest to be paid every three months from completion, not only after amounts became outstanding.

Court Disposition

Permission to appeal refused

Orders

  • Renewed application for permission to appeal is refused