Turkey v Awadh & Anor

Turkey v Awadh & Anor

The transaction was explicable by the ordinary motives of the parties in their family relationship and did not call for an explanation that would shift the burden to the claimant; thus, the presumption of undue influence did not arise and the appeal was dismissed.

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
Outcome
Appeal dismissed
Legal Topics
Undue Influence, Trusts, Family Arrangements
Equity Property Law Family Law Undue Influence Trusts Family Arrangements

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

Legal Issues

  1. 1 Whether the 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 was explicable by the ordinary motives of the parties in their family relationship and did not call for an explanation that would shift the burden to the claimant; thus, the presumption of undue influence did not arise and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

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