Karsten & Anor v Markham & Anor

Karsten & Anor v Markham & Anor

The judge found, based on evidence and credibility, that the money was a loan, not a gift, and that there was no unfairness or procedural impropriety in the trial. There was no realistic prospect of a successful appeal.

Parties
Respondent: Karsten; Appellant: Markham
Jurisdiction
England and Wales
Judgment Date
22 July 2010
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Loan Versus Gift, Undue Influence, Fair Trial, Estoppel
Civil Procedure Contract Law Loan Versus Gift Undue Influence Fair Trial Estoppel

Case Brief

Summary, issues, holding and outcome

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Parties

Karsten

Respondent

Markham

Appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the transfer of £850,000 was a loan or a gift
  2. 2 Whether there was undue influence
  3. 3 Whether the trial was conducted unfairly

Ratio Decidendi

The judge found, based on evidence and credibility, that the money was a loan, not a gift, and that there was no unfairness or procedural impropriety in the trial. There was no realistic prospect of a successful appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused