Source: All England Reporter
Publisher Citation: [2002] All ER (D) 426 (Jul)
Court: Chancery Division
Judge:

Jacob J

Representation Paul Girolami (instructed by ASB Law) for the claimants.
  Milan Dulovic (instructed by Russell & Co) for the defendant.
Judgment Dates: 29 July 2002

Catchwords

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.

The Case

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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