25 June 2010 – Court of Appeal gives judgment in Smith v Cooper

The Court of Appeal has held that a gift of a beneficial interest in one property and a declaration of a beneficial joint tenancy in relation to another should be set aside on grounds of undue influence. Anna Clarke appeared for the successful appellant, who argued that the High Court’s conclusion that a presumption of undue influence had been rebutted by the Respondent had no foundation in the evidence. The case also involved questions of practical justice by restitution on the setting aside of transactions.