Annulment Funding Co Ltd v Cowey and another [2010] EWCA 711 First Plus Financial Group v Hewett [2010] EWCA Civ 312

John Halladay

Abstract


RECENT PROBLEMS IN UNDUE INFLUENCE

After the flood of litigation at the end of the 20th Century, it was hoped that the House of Lords decisions in O’Brien and Etridge would put an end to the uncertainties facing those wishing to take security over a family home.  But as seen in the recent Court of Appeal decisions in Annulment Funding Co Ltd v Cowey and another [2010] EWCA 711 (“Cowey”) and First Plus Financial Group v Hewett [2010] EWCA Civ 312 (“Hewett”), there still remain some interesting questions and potential problems for the unwary lender.


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