Carson v McKee [2025] NICA 53 (13 October 2025)

Carson v McKee [2025] NICA 53 (13 October 2025)

The trial judge erred by failing to consider a relevant medical recommendation that the appellant required stabilising medical intervention before participating in the remedies hearing, thereby omitting a material consideration in refusing an adjournment. This procedural unfairness affected only the discrete issue...

Source-derived case information.

Citation
[2025] NICA 53
Parties
First Named Defendant/appellant: Samuel Forbes Carson; Second Named Defendant: Samuel James McKee; Plaintiff/respondent: Fiona Mary McKee
Jurisdiction
Northern Ireland
Judgment Date
13 October 2025
Procedural Posture
Civil Appeal (chancery Division, Land Dispute) / Appeal From High Court (chancery Division) to Court of Appeal; Judgment on Appeal
Outcome
Appeal allowed in part; order on monetary remedy set aside and remitted; remainder of order affirmed.
Legal Topics
Rescission of Contract, Misrepresentation, Undue Influence, Procedural Fairness, Adjournment on Medical Grounds, Remedies in Equity
Property Law Equity Civil Procedure Rescission of Contract Misrepresentation Undue Influence Procedural Fairness Adjournment on Medical Grounds +1 more

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Summary, issues, holding and outcome

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Parties

Samuel Forbes Carson

First Named Defendant/appellant

Samuel James McKee

Second Named Defendant

Fiona Mary McKee

Plaintiff/respondent

Procedural Posture

Civil Appeal (chancery Division, Land Dispute) / Appeal From High Court (chancery Division) to Court of Appeal; Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in refusing an adjournment of the remedies hearing on medical grounds
  2. 2 Whether the appellant was afforded a fair trial at the remedies stage
  3. 3 Whether the judge failed to make reasonable adjustments for a litigant in person and for disabilities

Ratio Decidendi

The trial judge erred by failing to consider a relevant medical recommendation that the appellant required stabilising medical intervention before participating in the remedies hearing, thereby omitting a material consideration in refusing an adjournment. This procedural unfairness affected only the discrete issue of monetary remedy following rescission. The remainder of the order, including rescission of the land transfer and possession, stands.

Court Disposition

Appeal allowed in part; order on monetary remedy set aside and remitted; remainder of order affirmed.

Orders

  • Paragraph 6 of the High Court order (monetary relief) to be reheard by a different judge.
  • Appellant to provide vacant possession of the land within three weeks.