McKee v Carson & Anor [2026] NICh 7 (04 February 2026)

McKee v Carson & Anor [2026] NICh 7 (04 February 2026)

The court must restore the parties to their pre-contractual positions following rescission for undue influence and misrepresentation, deducting the reasonable cost of reinstatement works (£27,500) from the sum advanced by the defendant (£61,645.30), resulting in a net payment due from the plaintiff to the defendant of £34,145.30. No interest is awarded due to the defendant's dishonest conduct.

Citation
[2026] NICh 7
Parties
Plaintiff: Fiona Mary McKee; First Defendant: Samuel Forbes Carson; Second Defendant: Samuel James McKee
Jurisdiction
Northern Ireland
Judgment Date
04 February 2026
Procedural Posture
Chancery Civil / Remitted Remedies Hearing After Appeal
Outcome
Plaintiff to pay defendant £34,145.30; plaintiff awarded costs of the hearing, to be taxed in default of agreement.
Legal Topics
Rescission, Undue Influence, Restitution, Equitable Remedies, Misrepresentation
Equity Property Law Contract Law Rescission Undue Influence Restitution Equitable Remedies Misrepresentation

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Parties

Fiona Mary McKee

Plaintiff

Samuel Forbes Carson

First Defendant

Samuel James McKee

Second Defendant

Procedural Posture

Chancery Civil / Remitted Remedies Hearing After Appeal

Legal Issues

  1. 1 Whether the plaintiff is entitled to monetary redress following rescission of a property transfer for undue influence and misrepresentation
  2. 2 Whether the defendant is entitled to repayment of sums advanced and/or interest
  3. 3 Assessment of quantum for reinstatement works

Ratio Decidendi

The court must restore the parties to their pre-contractual positions following rescission for undue influence and misrepresentation, deducting the reasonable cost of reinstatement works (£27,500) from the sum advanced by the defendant (£61,645.30), resulting in a net payment due from the plaintiff to the defendant of £34,145.30. No interest is awarded due to the defendant's dishonest conduct.

Court Disposition

Plaintiff to pay defendant £34,145.30; plaintiff awarded costs of the hearing, to be taxed in default of agreement.

Orders

  • Plaintiff to pay defendant £34,145.30.
  • Plaintiff awarded costs of the hearing, to be taxed in default of agreement and in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.