The Law Reports (Chancery Division)
[1987] Ch 378
[COURT OF APPEAL]
GOLDSWORTHY v. BRICKELL AND ANOTHER
1986 June 16,
17,
18,
19
July 16;
Oct. 30
July 16;
Oct. 30
Parker and Nourse L.JJ. and Sir John Megaw
Undue Influence
— Presumption
— Farmer and farm manager
— Elderly farmer dependent on volunteer manager
— Farmer granting tenancy to manager on terms disadvantageous to himself
— Whether farmer fully informed and freely making grant
— Whether domination of farmer by manager necessary to raise presumption of undue influence
— Whether presumption raised
— Whether farmer affirming grant
— Whether estopped from claiming rescission
Costs
— Discretion of court
— Several parties
— Claim for rescission of agreement on ground of undue influence by first defendant
— Allegation of negligence against solicitors joined as second defendants
— Whether plaintiff entitled to recover all costs from first defendant including those resulting from joining solicitors
— Whether solicitors entitled to Sanderson order against first defendant
— Whether Bullock order appropriate where causes of action different