Turkey v Awadh & Anor [2005] EWCA Civ 382 (08 March 2005)

Turkey v Awadh & Anor [2005] EWCA Civ 382 (08 March 2005)

The transaction, though unusual and not commercial, was explicable by the ordinary motives of the parties in their family and financial circumstances; thus, the burden of disproving undue influence did not shift to the claimant, and the appeal failed.

Citation
[2005] EWCA Civ 382
Parties
Claimant: Khalid Ali Ismail Turkey; Defendant: Adnan Mohammed Awadh; Defendant: Aziza Khalid Ali Ismail Turki
Jurisdiction
England and Wales
Judgment Date
08 March 2005
Procedural Posture
Civil Appeal / Appeal From Central London County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Undue Influence, Trusts, Family Arrangements, Burden of Proof
Equity Property Law Family Law Undue Influence Trusts Family Arrangements Burden of Proof

Case Brief

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Parties

Khalid Ali Ismail Turkey

Claimant

Adnan Mohammed Awadh

Defendant

Aziza Khalid Ali Ismail Turki

Defendant

Procedural Posture

Civil Appeal / Appeal From Central London County Court to Court of Appeal

Legal Issues

  1. 1 Whether the 1993 agreement transferring property was procured by presumed undue influence
  2. 2 Whether the transaction called for an explanation shifting the burden to the claimant

Ratio Decidendi

The transaction, though unusual and not commercial, was explicable by the ordinary motives of the parties in their family and financial circumstances; thus, the burden of disproving undue influence did not shift to the claimant, and the appeal failed.

Court Disposition

Appeal dismissed

Orders

  • Paragraphs 1 and 4 of HHJ Cooke's order to take effect
  • Respondent awarded costs of appeal, summarily assessed at £8,709.10 including VAT