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presumedconfiscationnon est factum
Hackett v Crown Prosecution Service
[2011] EWHC 1170 (Admin)
Key Principle
In deciding whether a property transfer to a defendant subject to a confiscation order should be set aside for presumed undue influence, the court asks whether the relationship was such that a presumption arises and whether the transaction calls for evidence of the transferor's full, free and informed will; it is not necessary that the alleged influencer acted wrongfully or cheated the victim.
Area of Law
General
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