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Anand Beharrylal QC leads in successful appeal in the Judicial Committee of the Privy Council

Cases 18 Jan 21

Anand Beharrylal QC was instructed in a property law appeal relating to a mentally vulnerable respondent mother and her children who were tricked/fraudulently induced into signing a deed of conveyance for their family home in favour of a doctor with the assistance of his attorney. The respondents were co-owners of freehold land with a family home which had been inherited. Shortly after the inheritance the respondent mother was approached by a doctor, who had treated her and was also then employing her, with a view to purchasing the property. Eventually the mother acceded to the doctor’s approaches and the respondents all signed a deed of conveyance in his favour. The respondents subsequently issued a claim seeking inter alia to recover the property essentially on the basis of equitable fraud, which succeeded at trial and on appeal. The appellant doctor appealed to the Privy Council arguing that the trial judge made errors in assessing the inherent probabilities, the facts found and inferences drawn. Anand led Zeik Ashraph, Krishendath Neebar, Haresh Ramnath and Simeon Wallis in successfully arguing in its written case for the respondent that in light of the concurrent findings of facts by the courts below the appeal should be dismissed. They were instructed by Alvin Pariagsingh (Trinidad).

Click here for the full judgement.

Cases | 18 Jan 21

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