Jurisdiction(s):
United Kingdom

Key definition

Undue influence definition

What does Undue influence mean? Undue influence describes pressure or exploitation of a relationship of trust that overbears a person’s free will so the resulting transaction reflects the influencer’s wishes, not the victim’s. It is not defined by statute but is a judge‑made equitable doctrine. In England & Wales, Northern Ireland and Ireland it is used to challenge inter vivos gifts, contracts, guarantees and charges, and—more narrowly—wills. The courts recognise (i) actual undue influence, proved by pressure or improper conduct, and (ii) presumed undue influence, arising from certain recognised relationships (for example solicitor–client, doctor–patient, spiritual adviser–disciple) or from trust and confidence plus a transaction calling for...

Economic duress (including lawful act), undue influence and intimidation: elements, causation and remedies under English law - guidance from Times Travel, Etridge and Morley

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Practice notes

Scope of Practice Note

This Practice Note addresses:

the doctrine of economic duress—invoked as a defence aiming to avoid a contractual arrangement said to have been concluded under economic pressure (lawful act economic duress receiving Supreme Court confirmation within English law in Pakistan International Airline Corporation v Times Travel). It is advanced to render void or avoidable the bargain concluded under such pressure.
the doctrine of undue influence—also relied upon as a defence, allowing a party to rescind a contract or unravel a transaction on the basis that they were induced by undue influence exerted upon them. The focus is on the impairment of free will within a relationship of influence. More frequently encountered in domestic relationships, eg husband and wife regarding jointly owned property, rather than a commercial or business setting. The leading authority here is RBS v Etridge
the tort of intimidation—not a defence but an independent tortious cause of action, permitting a claimant to pursue damages; sharing features with economic duress as reflected in decisions such as Morley v RBS. Its essence is coercion through threatened acts producing loss and damage

For guidance on other forms of claim that may allege unconscionable behaviour, see:

Practice Note: Civil...

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Web page updated on 21/05/2026

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