Alexander Learmonth represents claimant in successful undue influence case


10th April 2019

 

New Square Chambers' Alexander Learmonth represented the successful claimant in Moursi v Doherty [2019] EWHC 830 (Ch).

 

Comment - Alexander Learmonth 

The case concerns the undue influence of an elderly lady by a much younger man (whom she believed to be her boyfriend) in respect of the transfer of a house at an undervalue.  The decision is of note as it shows how the court can give summary judgment in such a case, despite the high hurdle, by relying on the presumption of undue influence arising. 

 

There are also some interesting details, such as the fact that the defendant had convictions for fraud and assault, which we (for the Claimant) obtained permission to rely despite them being ‘spent’, and that the purchase money for this purchase derived from the property of the last old lady whose house he had obtained at an undervalue.

 

View judgment here.

 

Associated Members

Alexander Learmonth


© New Square Chambers Ltd