thompson v foy
Westlaw UK Delivery Summary
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Athens IP User
Request made on:
Thursday, 17 April, 2014 at 19:33 BST
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Athens
Content Type
Westlaw UK
Title :
Thompson v Foy
Delivery selection:
Current Document
Number of documents delivered:
1
Sweet & Maxwell is part of Thomson Reuters. © 2014 Thomson Reuters
(Professional) UK Limited
Page 1
Mrs Marion Mary Thompson v Mrs Julie Ann Foy
The Mortgage Business v Mrs Julie Ann Foy, Mrs Marion Thompson
Case Nos: 7BM305000, 7PC06111
High Court of Justice Chancery Division Birmingham District Registry
20 May 2009
[2009] EWHC 1076 (Ch)
2009 WL 1321884
Before: The Honourable Mr. Justice Lewison
Date: 20 May 2009
Hearing dates: 23, 24, 25, 26, 27 March and 22, 23 April 2009
Representation
Mr Soofi Din (instructed by Bryan & Armstrong ) for the First Claimant.
Mr Benjamin Wood (instructed by Drydens ) for the Second Claimant.
Mrs Julie Anne Foy the First Defendant appeared in person.
Approved Judgment
The Honourable Mr. Justice Lewison
Introduction
2
Early years
3
Mr Thompson's death
5
A move to Spain?
6
A re-think
11
Legal advice
13
New instructions
21
Page 2
Waiting for the mortgage
23
The mortgage comes through
24
The Spanish purchase
28
The issues
30
Mrs Foy's interest in Valley View
31
Undue influence
34
The law
34
Does a presumption arise?
36
Was there actual undue influence?
39
Overriding interest
42
Estoppel and consent
48
A charge over Mrs Foy's beneficial interest
49
The loan of £20,000
50
Introduction
1 On 22 January 2007 Mrs Julie Foy was registered as proprietor of Valley View, Hillside,
Stretton, Alfreton in Derbyshire. On 5 April 2007 she granted a mortgage over the property to The
Mortgage Business plc (“TMB”) which was in turn registered as proprietor of the charge on 10
April 2007. Mrs Foy's
Request made by :
Athens IP User
Request made on:
Thursday, 17 April, 2014 at 19:33 BST
Client ID:
Athens
Content Type
Westlaw UK
Title :
Thompson v Foy
Delivery selection:
Current Document
Number of documents delivered:
1
Sweet & Maxwell is part of Thomson Reuters. © 2014 Thomson Reuters
(Professional) UK Limited
Page 1
Mrs Marion Mary Thompson v Mrs Julie Ann Foy
The Mortgage Business v Mrs Julie Ann Foy, Mrs Marion Thompson
Case Nos: 7BM305000, 7PC06111
High Court of Justice Chancery Division Birmingham District Registry
20 May 2009
[2009] EWHC 1076 (Ch)
2009 WL 1321884
Before: The Honourable Mr. Justice Lewison
Date: 20 May 2009
Hearing dates: 23, 24, 25, 26, 27 March and 22, 23 April 2009
Representation
Mr Soofi Din (instructed by Bryan & Armstrong ) for the First Claimant.
Mr Benjamin Wood (instructed by Drydens ) for the Second Claimant.
Mrs Julie Anne Foy the First Defendant appeared in person.
Approved Judgment
The Honourable Mr. Justice Lewison
Introduction
2
Early years
3
Mr Thompson's death
5
A move to Spain?
6
A re-think
11
Legal advice
13
New instructions
21
Page 2
Waiting for the mortgage
23
The mortgage comes through
24
The Spanish purchase
28
The issues
30
Mrs Foy's interest in Valley View
31
Undue influence
34
The law
34
Does a presumption arise?
36
Was there actual undue influence?
39
Overriding interest
42
Estoppel and consent
48
A charge over Mrs Foy's beneficial interest
49
The loan of £20,000
50
Introduction
1 On 22 January 2007 Mrs Julie Foy was registered as proprietor of Valley View, Hillside,
Stretton, Alfreton in Derbyshire. On 5 April 2007 she granted a mortgage over the property to The
Mortgage Business plc (“TMB”) which was in turn registered as proprietor of the charge on 10
April 2007. Mrs Foy's