McKeering v Rattle

McKeering v Rattle involved a legal dispute between Mary Kathleen McKeering and Andrew James Rattle, with the latter in both personal and executor capacities for the estate of Paul Murray McKeering. The plaintiff, Mrs McKeering, alleged that her son, Paul, exerted undue influence over her, leading to financial transactions that benefited him and Mr Rattle. These transactions included the purchase of real property and motor vehicles. The defendants denied these allegations, asserting that all payments were made with Mrs McKeering's full knowledge and consent. The court was tasked with determining whether undue influence was exercised and if so, to what extent, and to what properties or funds the plaintiff was entitled.

The court examined the nature of the relationship between Mrs McKeering and her son, Paul, as well as the circumstances surrounding the financial transactions. It found that Mrs McKeering had indeed intended to benefit Paul significantly, given his substantial contributions to her and her husband. However, the court concluded that Paul took advantage of his position as a solicitor to improperly register himself as co-owner of certain properties, which was not in line with his mother's intentions. The court further determined that undue influence was exerted in respect of payments made for Paul's benefit, but not in relation to the properties and their renovations.

Ultimately, the court ordered the second defendant to pay the plaintiff a specific sum, along with interest, and directed the plaintiff to pay certain storage costs. The court also granted liberty to apply for any other necessary orders based on the judgment and invited submissions regarding costs.