MacKay v Wesley

MacKay v Wesley

The Appellant's acceptance of trusteeship under the DORA was a self-contained and severable part of the transaction, procured by undue influence, and is therefore liable to be rescinded. Partial rescission is permissible in this context, and rescission would not operate unjustly or unfairly to any party.

Parties
Claimant/appellant: Nicola Suzanne MacKay; Defendant: David Stuart Wesley
Jurisdiction
England and Wales
Judgment Date
14 December 2020
Procedural Posture
Civil Appeal / Judgment on Appeal From Deputy Master Henderson
Outcome
Appeal allowed
Legal Topics
Rescission, Undue Influence, Trustee Appointment, Partial Rescission
Equity Trusts Rescission Undue Influence Trustee Appointment Partial Rescission

Case Brief

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Parties

Nicola Suzanne MacKay

Claimant/appellant

David Stuart Wesley

Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal From Deputy Master Henderson

Legal Issues

  1. 1 Whether the Appellant's acceptance of appointment as trustee under the DORA can be rescinded for undue influence
  2. 2 Whether partial rescission of the DORA is permissible
  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was a self-contained and severable part of the transaction, procured by undue influence, and is therefore liable to be rescinded. Partial rescission is permissible in this context, and rescission would not operate unjustly or unfairly to any party.

Court Disposition

Appeal allowed

Orders

  • Rescission for undue influence of the Appellant’s acceptance of her appointment as trustee under the DORA is granted.