Success for Charles Sinclair on appeal in the High Court
26 Sep 2023
Safina Bi Azam v Mohammed Molazam [2023] EWHC 2202 (Ch)
Charles Sinclar instructed by Majid Khan at Arcadian Law represented the Appellants/Defendants (having represented the First Defendant at the trial) in their successful appeal of the order of HHJ Gerald.
The case involved the transfer of a property by the Claimant to the First Defendant, at a cost to the First Defendant of approximately 10% of the value of the Property. The First Defendant had subsequently transferred the Property to the Second Defendant.
The Claimant brought the proceedings seeking to set aside that transaction by reason of undue influence and/or fraudulent misrepresentation on the part of the First Defendant.
Following cross-examination by Charles, the Claimant sought to proceed only on the ground that the transfer of the Property had come about by reason of undue influence, the Claimant having been vulnerable for both financial and health reasons, and it being alleged that the First Defendant with knowledge of those vulnerabilities had unduly influenced the Claimant to transfer the Property into her name at considerable undervalue.
HHJ Gerald at first instance found that the transfer of the Property had been procured by reason of undue influence and set aside the transaction.
The Defendants appealed, on grounds that HHJ Gerald in reaching that decision had erred both in law and in fact.
The appeal was allowed, the appeal court holding that HHJ Gerald had erred in respect of some of his findings of fact, which were not open to him on the evidence available, and that on the evidence the transaction had not been procured by undue influence, the First Defendant (nor any other party) not having exerted any influence over the Claimant in respect of the transfer of the Property.
The claim was dismissed with the Defendants awarded their costs the proceedings and the appeal.