England and Wales Case Law

Wey Bridging Finance Limited v Adam Wayne Marlow & Anor

The court found that the 2019 Facility was valid, supported by consideration, free from duress, unconscionable dealing, or unfair relationship, and enforceable against Mr Marlow. The Option agreement was breached by LFL granting leases with rights of way, constituting a substantial breach, and was validly terminated, entitling the Claimant as assignee to recover the sums paid.

Source excerpt

• Loan facility agreements
• Economic duress
• Unconscionable bargains
• Unfair relationship under consumer credit act
• Option agreements
• Assignment of claims

Read case analysis

Safina Bi Azam v Mohammed Molazam

The court found that mere vulnerability and a disadvantageous transaction do not establish a presumption of undue influence without evidence of ascendancy or influence exercised by the defendant. Mrs Azam did not influence Mr Molazam; he acted of his own free will. The evidential presumption of undue influence was not established, nor was the transaction unconscionable under the relevant legal principles.

Source excerpt

• Undue influence
• Unconscionable bargains
• Fraud
• Housing benefit fraud
• Transfer of property

Read case analysis

Mortgage Express v Lambert

The Court of Appeal held that Ms Lambert’s unconscionability claim did not bind Mortgage Express because it was overreached and, in any event, not disclosed when inquiry was made.

• Overriding interests
• Overreaching
• Unconscionable bargains
• Actual occupation
• Land registration
• Mere equities

Read case analysis

Hamburg v Goldstein

Hamburg v Goldstein [2002] EWCA Civ 122 (28 January 2002)

The Court of Appeal refused permission to appeal in a small claim about an elderly claimant’s payment to her nephew to discharge her son’s debt, finding no important point of principle.

• Unconscionable bargains
• Restitution
• Mistake
• Gifts
• Unconscionable-bargains

Read case analysis

Alec Lobb (Garages) Ltd & Ors v Total Oil (GB) Ltd

Alec Lobb (Garages) Ltd & Ors v Total Oil (GB) Ltd [1984] EWCA Civ 2 (08 November 1984)

Court of Appeal held a leaseback petrol tie reasonable on the facts, and said any invalid tie would be severable. Appeal dismissed, cross-appeal allowed.

• Restraint of trade
• Severance of contract
• Unconscionable bargains
• Laches
• Lease/lease back arrangements
• Restraint-of-trade

Read case analysis

Mountford & Anor v Scott

Mountford & Anor v Scott [1974] EWCA Civ 10 (17 October 1974)

The Court of Appeal held that a valid option agreement supported by £1 consideration was enforceable, and ordered specific performance despite claims of misrepresentation and unconscionability.

• Option agreements
• Specific performance
• Unconscionable bargains
• Consideration
• Misrepresentation
• Option-agreements

Read case analysis