Hackett v Hicken, a case in which financial remedies specialist Elizabeth Darlington and Sarah Young of Ridley & Hall acted, demonstrates that meritorious claims can and should be pursued and the amount in dispute is not necessarily a determinative factor.
From a legal point of view, the question can be a difficult one, in the sense that when seeking to recover misappropriated money or property, the amount in dispute is often a stumbling block to a potential claimant. This is because civil cases involving financial abuse generally involve an allegation of presumed undue influence. Each case turns on its own facts and gathering evidence can be expensive and time consuming. Whether the abuse relates to a one-off transaction such as a transfer of land, or a series of transactions, eg, ‘gifts’ of money from an account over a period of time, investigating the claim and proving it on the balance of probabilities can be difficult.
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