||All England Reporter
|| All ER (D) 426 (Jul)
||Paul Girolami (instructed by ASB Law) for the claimants.
||Milan Dulovic (instructed by Russell & Co) for the defendant.
||29 July 2002
Mental capacity - Gift inter vivos - Capacity to make gift - Claimants making gift of money to defendant - Claimants seeking return of money - Evidence of claimants' lack of mental capacity - Whether summary judgment should be granted.
On the medical evidence before the court it could not be said that the claimants had had the capacity to make a gift to the defendant of their own free will. Accordingly, summary judgment would be granted in favour of the claimants.
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