Markham v Karsten

Markham v Karsten

There exists a genuine triable issue as to the existence of the debt, the authenticity and effect of the Trust Deed and Acknowledgement, and whether payments were loans or gifts; summary determination is inappropriate.

Source-derived case information.

Parties
Appellant: Paul Charles Markham; Respondent: Moira Karsten
Jurisdiction
England and Wales
Judgment Date
29 June 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Undue Influence, Presumption of Loan, Solicitor Client Relationship, Triable Issue, Cohabitee Financial Arrangements
Insolvency Bankruptcy Equity Undue Influence Presumption of Loan Solicitor Client Relationship Triable Issue Cohabitee Financial Arrangements

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Parties

Paul Charles Markham

Appellant

Moira Karsten

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there is a genuine triable issue as to the existence of the debt alleged by Mrs Karsten
  2. 2 Whether the Trust Deed and Acknowledgement were obtained by undue influence
  3. 3 Whether payments made by one cohabitee to another are presumed to be loans absent agreement to the contrary

Ratio Decidendi

There exists a genuine triable issue as to the existence of the debt, the authenticity and effect of the Trust Deed and Acknowledgement, and whether payments were loans or gifts; summary determination is inappropriate.

Court Disposition

Appeal allowed

Orders

  • Bankruptcy Order set aside
  • Further submissions to be heard regarding other creditors and appropriate form of order