Kaur v Gill [2003] EWCA Civ 1884

Written By Nicolas Heyes

Court: Court of Appeal

Basic Facts: The case concerned the enforceability of a mortgage and the protection of equitable interests, particularly when the mortgagee seeks possession.

  • Parties: K (Co-owner), G (Co-owner).

  • Context: K and G bought property together, but disagreements about the share division led to legal challenges.

Issue for the Court: What constitutes undue influence?

Held: The court ruled that trust principles apply to the division of property in cases of divorce or separation, especially when there is evidence of unequal contributions.

Lawrence Collins LJ

  • Undue Influence: The influence must be shown to have affected the decision-making significantly. The influence’s impact must be demonstrated in terms of fairness and equity.

Nicolas Heyes
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