Hewett v First Plus Financial Group Plc [2010] EWCA Civ 312 (24 March 2010)

Hewett v First Plus Financial Group Plc [2010] EWCA Civ 312 (24 March 2010)

Mr Hewett's deliberate concealment of his affair from Mrs Hewett, in the context of her trust and reliance on him for financial decisions, constituted undue influence sufficient to vitiate her consent to the mortgage. First Plus, having constructive notice, is affected by this undue influence and cannot enforce the...

Source-derived case information.

Citation
[2010] EWCA Civ 312
Parties
Appellant: Jayne Hewett; Respondent: First Plus Financial Group PLC
Jurisdiction
England and Wales
Judgment Date
24 March 2010
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed
Legal Topics
Undue Influence, Misrepresentation, Mortgages, Constructive Notice, Trusts of Land
Equity Property Law Family Law Undue Influence Misrepresentation Mortgages Constructive Notice Trusts of Land

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Parties

Jayne Hewett

Appellant

First Plus Financial Group PLC

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether non-disclosure by a husband of his extramarital affair when persuading his wife to join in a mortgage constitutes undue influence or misrepresentation sufficient to vitiate the transaction as between them and affect enforceability by the lender.

Ratio Decidendi

Mr Hewett's deliberate concealment of his affair from Mrs Hewett, in the context of her trust and reliance on him for financial decisions, constituted undue influence sufficient to vitiate her consent to the mortgage. First Plus, having constructive notice, is affected by this undue influence and cannot enforce the mortgage against Mrs Hewett.

Court Disposition

Appeal allowed

Orders

  • Mortgage set aside as against Mrs Hewett
  • Issue of enforcement of equitable charge over Mr Hewett's former interest to be remitted to the trial judge if not resolved by agreement