Source: All England Reporter
Publisher Citation: [2006] All ER (D) 80 (Sep)
Court: Chancery Division

Paul Chaisty QC sitting as a Deputy Judge of the High Court

Representation James Pickering (instructed by Blaser Mills) for the claimant
  Michael Michell (instructed by Chris Harrison Law) for the defendant
Judgment Dates: 18 September 2006


Equity - Undue influence - Deed of gift - Deceased transferring dwelling property to defendant - Claimant relying on presumption of undue influence - Whether presumption applying - Whether defendant rebutting presumption.

The Case

In a case where the claimant alleged, inter alia, that a deed of gift transferring a dwelling property to the defendant gave rise to a presumption of undue influence, the court ruled that in the circumstances, no such presumption had arisen and the claim was dismissed.

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