...effecting her object. The pursuer proposed an issue of facility, fraud, and circumvention, and a further issue of undue influence. The Court ( alteringaltering the judgment of Lord Wellwood) disallo...Margaret Anderson Middleton was weak and facile in mind and easily imposed upon, and whether the defender, Mrs Mary Elizabeth Duncan or Mack or Graham, taking advantage of her said weakness and facility, d...influence, there must be proof of weakened will which borders on facility, and of undue influence which is not easily distinguished from circumvention. But, under the latter issue, full proof of facility ...

.... (2) Facility and circumvention. At the time of the execution of the disposition, the deceased was in a facile ie weak condition ... his will was overcome by the defender when signing the...Limitation (Scotland) Act 1973, (3) that the pursuers' pleadings were so lacking in specification as to be irrelevant, and (4) that damages were not a competent remedy where facility and ...them some right which the defender infringed. He held that the remedy of damages was not a competent one in a claim based on either facility and circumvention or undue influence. He rejected the...

...guidance he gives, in his own favour. On the other hand, the essence of circumvention and facility is that a person practices on the debility of another whose individuality is impaired by infirmity...position of influence may be no more than an item of evidence of circumvention...".Thus the element of mental weakness or facility is critical to facility and circumvention. If that is...Pascoe-Watson v Brock's Exr, 1998 SLT 40, it has been held that the elements of weakness and facility, circumvention and lesion are interrelated and...

..., the grounds of reduction being facility and circumvention, and that the testatrix was not of disposing mind. The pursuer is the daughter, and the defender the son of the testatrix, and the pursu...raise an action to prove their tenor, and process sisted for that purpose.Headnote: This is a reduction of the settlement of the late Mrs Macdonald of Lassintullich...alleges a title to sue the action as being disponee under certain previous settlements, which, she alleges, the defender fraudulently destroyed. The defender denied the pursuer's title, and...

...included relevant averments of the testator's weakness and facility, and of A's great influence over him, was relevant to support an issue of facility and circumvention. Circumstan...ought to be dismissed.” inter alia The defender Mrs Campbell stated the following additional plea—“ SeparatimSeparatim—The pursuer's averments of facility and circumvention are...Campbell, taking advantage of his said weakness and facility, did by fraud or circumvention obtain from him the said pretended deletion on the first page of the said last will and testament of the said...

...Facts: Three of the next-of-kin of a testatrix raised separate actions of reduction of her trust-deed on the grounds of facility and circumvention, and the Court ( revrev...pursuers reclaimed, and asked the Court to appoint the parties to lodge issues, on the ground that this was the ordinary mode of trying cases of reduction on the ground of facility and circumvention....settlements on the ground of facility and circumvention, namely, that such cases are sent to a jury. The only additional element that we have here is the reduction of this assignation, and the question...

...deceased was in a facile … condition …. His will was overcome by the defender when signing the disposition." ("the facility and circumvention case") (see: Article 9.2) [13] Thirdly on...potential liability of contracting parties. [43] Thereafter Mr Cowan moved on to make submissions regarding the relevancy and specification of the case founded upon facility and circumvention. He...submitted that the pursuers' averments were not sufficient to set up a case of facility and circumvention. They did not have sufficient averments of either facility or circumvention. With...

....29 August 2003IntroductionFraudFacility and Circumvention: General Considerations"(The issue of facility and ..., then it is for the jury to say whether they draw from the whole case the inference of circumvention".FacilityCircumventionfailure to cover any part of the deceased's esta...highly disadvantageous bargain, to his own benefit or that of the party for whom he is acting, and who adopts the same. The actual mode or particular acts of circumvention may not be discoverable or...

...on the part of the residuary legatee, a bank-agent, who was the testator's confidential business adviser but not his law-agent, (3) fraud and facility and circumvention, and (4) undue influence...advantage of said weakness and facility, did by fraud and circumvention impetrate and obtain the said trust-disposition and deed of settlement from the said Donald Ogilvy, to his lesion? (3) Wheth...incapacity, essential error as to the nature of the deed executed, and of fraud and facility and circumvention. The case of per cit. cit...

...easily imposed on, by the said John Ford Cormack, by fraud and circumvention, and by taking advantage of the said weakness and facility, to the lesion of the said James Rae and the pursuers, the s...weakness and facility, did by fraud or circumvention impetrate from him the said trust-disposition and settlement, to the lesion of the said James Rae? 3. Whether on or about 27th January 1894 the...facile in mind and easily imposed on, by the said John Ford Cormack, by fraud and circumvention, and by taking advantage of the said weakness and facility, to the lesion of the said James Rae ...

...29 January 1926The Lord Ordinary sent the case for trial by jury on an issue of facility and circumvention. As pled, the case is founded (first) on the...pursuer, we are told, at first proposed an issue of undue influence, but subsequently withdrew it in favour of a single issue of circumvention and facility.On the reclaiming note two points...have been discussed—(1) Do the pursuer's averments relevantly state a case of circumvention and facility apart from averments going only to undue influence? (2) Is proof or jury trial the appropriate...

...or facility and circumvention. While the court should always be slow to dismiss an action for damages at this stage (Jamieson v Jamieson), this was a case where the pursuer’s action would inevitably.... [10]      Facility and circumvention: the three matters the pursuer would require to establish were weakness and facility, circumvention, and lesion. Fundamentally, ‘...and circumvention: the three factors outlined in Mackay v Campbell had to be considered as a whole, since strong averments on one could supplement weak averments on another. Facility could arise in a...

...Facts: In an action of reduction of a mortis causamortis causa trust settlement and codicil, on the ground of facility and circumvention, the Court granted a warrant...them by the fraud and circumvention of one of the defenders. The pursuers stated the value of the truster's estate at the time of his death at £120,000. The defenders stated it at...ordaining the defenders to allow an inspection of the plant, machinery, and working plans of certain collieries—a large share in which belonged to the trust-estate—the object being to obtain evidence of...

...obtained by facility, circumvention and lesion. Defender's grounds of challenge at Debate [2] The defender challenges the relevancy of the pursuer's...actions. In short, the criticisms are that looking at each specific factor of facility, circumvention and lesion individually, there were insufficient averments to plead a relevant case and the.... 3 Consideration of the reduction action Facility and circumvention [4] It is clear on the authorities...

...TrustDisposition and Settlement should be reduced, namely that the testator's will had been overcome by facilitaty and circumvention and secondly that he had been induced to sign the deed by undue influence exercis...averments of facility and circumvention. [10] The second case made by the pursuer was that the second and third defenders had exercised undue influence over the deceased and thus...extent that he was suffering from a facility of mind and was easily imposed upon. She claims that he was unable to appreciate the significance of the effect of the TrustDisposition and Settlement. The...

...facile in mind, and easily imposed on, and was procured from him by fraud and circumvention on the part of the defender taking advantage of said weakness and facility; (5) it was obtained by undue...upon, and whether the defender, taking advantage of the said weakness and facility, did by fraud or circumvention obtain or procure from the said William M'Ghie the said writing, to the lesion of the...about the 12th day of July 1886, the said deceased William M'Ghie was weak and facile in mind and easily imposed upon, and whether the defender, taking advantage of the said weakness and facility, did by f...

...[16] Mr McNeill accepted that averments of facility and circumvention would often have to go to proof before answer (see e.g. Pascoe-Watson v Brock's Executor 1998 SLT 40...; Anderson v The Beacon Fellowship 1992 SLT 111; MacGilvray v Gilmartin 1986 SLT 89). In the present case, however, there were no sufficient averments of facility and circumvention to...January 1998] Grant Knight of Wilson Terris & Co had acted for the pursuer. In that context the averments made did not amount to a relevant case of facility and circumvention. [17] In...

...cases on facility and circumvention in which it is emphasised that the person making the accusation must identify the persons through whose circumvention the deed is alleged to have been carried out....  That was an aspect of the general standards of pleading required in a case of this sort, whether it be facility and circumvention or a more general case of fraud.  A general reference to people acting...the same applies to the pleading of a case of facility and circumvention.  But a party cannot be required to plead what he does not know.  If he can set up circumstances from which the inference can...

...on the basis that it was impetrated by facility and circumvention. In the alternative, the appellant sought damages arising from a breach of contract; the appellant contends that he and the deceased...testamentary intentions was so out of character one must infer both facility and circumvention. That position was not supported by the authorities. Discussion [18...new wills have been impetrated by facility and circumvention. The deceased was facile when he changed his wills. Legacies have been left to a number of unknown third parties. The third parties who have...

...after that date as outlined above.  The question which has to be considered is whether those deeds were impetrated from her by means of facility and circumvention and undue influence by Berj and...she was subject to facility and circumvention as well as undue influence at the instance of both Berj and Richard.  The circumstances of the signing of the three deeds are eloquent of both facility...claim is irrelevant and falls to be refused.  The dispositions of these two properties having been impetrated by both facility and circumvention and also undue influence, that means that Richard ...