Kate Selway acted for the successful respondent when Morgan J recently dismissed two applications for permission to appeal the decisions of Mr Recorder Lawrence Cohen QC following a two week trial earlier this year concerning consolidated claims of fraudulent calumny and undue influence.
Morgan J’s judgments are a useful reminder of the rules for establishing fraudulent calumny and the circumstances in which the court will and won’t grant permission to appeal when the issues at stake have become academic except in relation to costs.
The Recorder’s detailed judgment concerned two sisters and their deceased mother who made a will cutting out one sister as a result of the other sister poisoning the mother’s mind. A lifetime transfer of the mother’s interest in her UK summer home was the subject of an undue influence claim in the conjoined action.
For the Recorder’s judgment see here.