In the recent case of Papiss Demba Cisse v Sandra Diene & Madou Diene [2024] EWHC 1717 (Ch), the claimant, Mr Cissé, a professional footballer, was successful in having a Declaration of Trust set aside, which had provided sole beneficial ownership of 2 properties to the claimant's former agent (D1) on the basis of undue influence.
Once undue influence is established, the transaction will be set aside because it “ought not fairly to be treated as the expression of [the claimant's] free will”. (Royal Bank of Scotland v Etridge (No. 2) [2001] UKHL 44 at [7])
In their defence the defendants alleged the claimant knowingly signed the Declaration of Trust and denied that his ability to read or understand English was very limited at the time.
When considering the claim for presumed undue influence, it was noted that D1's fiduciary relationship with the claimant, as his agent, would not in itself, give rise to a presumption of undue influence, however, the Judge said it was overwhelmingly clear the claimant continued to repose special trust and confidence in D1 when he signed the Declaration of Trust in 2018. The Declaration of Trust also called for an explanation.
Undue influence is therefore presumed and the defendants failed to rebut the presumption.
The Judge however also went on to comment "In the absence of a presumption of undue influence, I would have made an order setting aside the Declaration of Trust for actual undue influence".
An interesting case with many more elements, including forgery and breach of fiduciary duties.
GORDON SIMMONS SERVICE CREDIT UNION LEADER FROM 1974-2015
2moCongratulations! 🍾🎉🎈. Sarah. You certainly deserve this great honor.