Andylane Bush-Marsh v Don Edward Marsh

Voluntary transfer of land - application to set aside on ground of duress or undue influence - presumption of undue influence arises if transferor places trust and confidence in recipient and enters into transaction which requires explanation - presumption rebutted if recipient shows transaction made with free will on ground of relationship and transferor fully understood implications - Civil procedure - Mode of commencing proceedings - GCR O.5, r 2(b) - originating summons inappropriate where substantial dispute of fact likely - GCR O. 5, r4 - proceedings required to be commenced by Writ - claim of duress must be properly particularised so defendant knows the case he has to meet