... was a relationship of trust and confidence between her and Derek of such a nature that it is fair to presume that Derek abused that relationship in persuading Ann to enter the transaction (Barclays Bank v. O'Brian [1994]) and secondly that the transaction was not readily explicable by the relationship between them (Allcard v. Skinner(1887)). It seems that a confidential relationship is established, thus there is no need for Ann to produce evidence that Derek exerted presumed undue influence to put her house as a surety. If Ann succeeds in proving there was a confidential relationship has been proved, the burden then shifts to Derek to prove that Ann entered into the transaction freely, for example by showing that Ann had independent advice. Derek certainly cannot prove it as he openly refused legal advise to Ann when he refused to allow her to see the solicitor by herself. It must also ...

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