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.
- Alexander Learmonth