Sharma v Hunters indicates the concerns the court takes into account when dealing with a wasted costs order, as Kate Mundy and Russell Simpson report This case relates to the estate of Mr Hari Ram Sharma (Mr Sharma) who died on 12 December 2010. Mr Sharma had been a patient of the Court of Protection …
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Wills & Trusts Law Reports | March 2012 #117The applicants (R and J) made a wasted costs application against the respondent solicitors (H) in the context of proceedings known as D v R (Deputy of S) and S [2010] EWHC 2405 (CoP), which had been heard by Henderson J in the Court of Protection concerning S. R was S’s daughter and his deputy. She had brought proceedings in the Chancery Division in S’s name to recover property S had given away to D on the basis of undue influence. S’s wish was that D should retain the property given to her. In that context, D applied for a declaration from the Court of Protection that ...
Ruth Hughes reviews case law to present the up-to-date position on presumed undue influence ‘In addition to a relationship of influence, in order for the presumption of undue influence to apply to a transaction, the transaction must be such that it “calls for an explanation”.’Equity protects so that injustice may not be perpetrated. In the …
Continue reading "Presumed Undue Influence: When advice is neither necessary nor sufficient"
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