Fiona Mary McKee and Samuel Forbes Carson and Samuel James McKee
| Jurisdiction | Northern Ireland |
| Judge | McBride J |
| Neutral Citation | [2022] NICh 9 |
| Date | 10 June 2022 |
| Court | Chancery Division (Northern Ireland) |
1
Neutral Citation No: [2022] NICh 9
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: McB11859
ICOS No: 16/038039
Delivered: 10/06/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
CHANCERY DIVISION
___________
Between:
FIONA MARY McKEE
Plaintiff
and
SAMUEL FORBES CARSON
First-named Defendant
and
SAMUEL JAMES McKEE
Second-named Defendant
___________
Mr Power QC (Hunt, Solicitors) for the Plaintiff
Mr Shaw QC with Ms Ellis BL (McAtamney, Solicitors) for the First-named Defendant
Mr McCollum QC with Mr Lavery BL (Anderson Agnew & Co, solicitors) for the
Second-named Defendant
___________
McBRIDE J
Introduction
[1] The plaintiff asks the court to set aside a transfer of lands on the grounds that
the transfer was procured by forgery, misrepresentation, undue influence, or
otherwise under the doctrine of non est factum and/or on the grounds that it was an
unconscionable bargain. The lands comprise 19 acres of land situate at Ballee Road
West, Ballymena, Co Antrim and consist of both registered lands, being contained
within Folio 8693 Co Antrim, and unregistered lands (“the disputed lands”).
2
Representation
[2] The plaintiff was represented by Mr Power QC. The first-named defendant,
Mr Carson, was represented by Mr Shaw QC and Ms Ellis of counsel and the
second-named defendant, Mr McKee, was represented by Mr McCollum QC and
Mr Lavery of counsel.
Background
[3] The case proceeded by way of a contested hearing and the court heard
evidence from a number of witnesses. As appears from the oral evidence a number
of important factual matters are in dispute; nonetheless, the following factual
matters were not in dispute.
[4] The plaintiff, Mrs McKee, is married to the second-named defendant. The
first-named defendant, Mr Carson is a neighbouring farmer. Mrs McKee was born
on 23 March 1964 in Dublin. She had a difficult childhood and was placed in care.
Whilst in care she suffered physical and sexual abuse and later made a claim against
the Catholic Church and received £40,000 compensation. She used her
compensation monies to purchase the Northern Ireland Housing Executive home in
which she lived. She later sold this home and used the proceeds of sale to purchase
a property in her sole name at Lisles Hill Road, Broughshane, Co Antrim.
[5] After the plaintiff left care she lived with her uncle who taught her how to
work with horses. She subsequently met Mr Gowdy and they moved to live in
Northern Ireland. She has two children by Mr Gowdy. Difficulties developed in her
relationship with Mr Gowdy and they separated.
[6] In the early 2000s she met Mr McKee and they married in 2003. At that time
she had her own cleaning business. Mr McKee was a farmer who owned a
substantial land holding of approximately 200 acres. He had inherited these lands
from his father and two uncles.
[7] After they married Mr McKee placed the lands he owned in joint names with
Mrs McKee. Initially the parties lived at Eskylane Road, Ballymena but they later
moved to live in the new house they had constructed at 26 Ballee Road West,
Ballymena which adjoins the disputed lands. During the marriage most of the farm
lands were sold as building sites. The substantial profits yielded from these sales
were used by the McKees to fund a very lavish lifestyle with monies being spent on
luxury cars and holidays.
[8] By 2004 the McKees had sold off all their lands save the disputed lands. They
also continued to own their matrimonial home at 26 Ballee Road West.
[9] There were tensions in the marriage mostly due to Mr McKee’s relationship
with Mrs McKee’s son. This led to her son leaving the matrimonial home.
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