Shaw v Finnimore & Anor

Shaw v Finnimore & Anor

No oral profit-sharing agreement existed between the claimant and 1st defendant; the £643,000 transfer was not contractually due and was procured through undue influence given the relationship of trust and ascendancy, claimant's mental vulnerability, and lack of explanation for the transaction. The 1st defendant must repay the sum and other advances.

Parties
Claimant: Royston Henry Shaw; 1st Defendant: Linda Sheila Finnimore; 2nd Defendant: Mo Frederick Watts
Jurisdiction
England and Wales
Judgment Date
02 March 2009
Procedural Posture
Civil / Final Judgment
Outcome
Claimant succeeds; 1st defendant liable to repay sums.
Legal Topics
Undue Influence, Oral Agreements, Misrepresentation, Money Had and Received, Unconscionable Bargain
Contract Law Equity Restitution Undue Influence Oral Agreements Misrepresentation Money Had and Received Unconscionable Bargain

Case Brief

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Parties

Royston Henry Shaw

Claimant

Linda Sheila Finnimore

1st Defendant

Mo Frederick Watts

2nd Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether an oral profit-sharing agreement existed between the claimant and 1st defendant regarding proceeds of land sale
  2. 2 Whether the transfer of £643,000 was contractually or otherwise lawfully due to the 1st defendant
  3. 3 Whether undue influence, misrepresentation, or unconscionable bargain vitiated the transaction

Ratio Decidendi

No oral profit-sharing agreement existed between the claimant and 1st defendant; the £643,000 transfer was not contractually due and was procured through undue influence given the relationship of trust and ascendancy, claimant's mental vulnerability, and lack of explanation for the transaction. The 1st defendant must repay the sum and other advances.

Court Disposition

Claimant succeeds; 1st defendant liable to repay sums.

Orders

  • 1st defendant to repay £643,000 to claimant
  • 1st defendant to repay £208,450 for money advances