NOTE 98: For an example of a presumed undue influence case where all of the parties gave evidence see Turkey v. Awadh [2005] EWCA Civ 382, [2005] WTLR 553. In that case the CA upheld the trial judge's decision that the claim failed because the transaction could be properly explained. He held, however, that if the presumption arose it could not be rebutted.

NOTE 99. ADD: For an attempt to reconcile Etridge and Hammond v. Osborn see Randall v. Randall [2005] W.T.L.R. 119 (no neutral citation) at [36] to [45].

NOTE 1. ADD: For continued support of the public policy approach see Cattermole v. Prisk [2006] WTLR 1097