MacKay v Wesley [2020] EWHC 3400 (Ch) (14 December 2020)

MacKay v Wesley [2020] EWHC 3400 (Ch) (14 December 2020)

The Appellant's acceptance of trusteeship under the DORA was a self-contained and severable act, executed under undue influence, and rescission is permitted as it would not operate unfairly or unjustly.

Citation
[2020] EWHC 3400 (Ch)
Parties
Claimant/appellant: Nicola Suzanne MacKay; Defendant: David Stuart Wesley
Jurisdiction
England and Wales
Judgment Date
14 December 2020
Procedural Posture
Appeal / Judgment on Appeal From Deputy Master Henderson
Outcome
Appeal allowed
Legal Topics
Rescission, Undue Influence, Trustee Appointment, Partial Rescission, Fairness of Relief
Trusts Equity Tax Rescission Undue Influence Trustee Appointment Partial Rescission Fairness of Relief

Case Brief

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Parties

Nicola Suzanne MacKay

Claimant/appellant

David Stuart Wesley

Defendant

Procedural Posture

Appeal / Judgment on Appeal From Deputy Master Henderson

Legal Issues

  1. 1 Whether rescission of acceptance of trusteeship under the DORA is permitted for undue influence
  2. 2 Whether partial rescission of a composite deed is legally possible
  3. 3 Whether rescission would operate justly and fairly

Ratio Decidendi

The Appellant's acceptance of trusteeship under the DORA was a self-contained and severable act, executed under undue influence, and rescission is permitted as it would not operate unfairly or unjustly.

Court Disposition

Appeal allowed

Orders

  • Rescission of Appellant's acceptance of trusteeship under the DORA
  • Appellant's Counsel to submit appropriate Order