Contracts between family members—capacity—unjust enrichment (Rogers v Wills)
Private Client analysis: This case represents a rare example of the court finding that a contract existed between family members (in this case, an elderly mother and her adult daughter). By her claim, the claimant sought to be reimbursed from her mother’s estate for the care that she had provided to her mother during the last few years of her life. The judge provided guidance relating to capacity to enter into legal relations and commented on what, if any, impact the existence of a Lasting Power of Attorney may have on this issue. It was also a feature of the case that the claimant’s mother had been diagnosed with dementia, and so this is also featured in the court’s consideration of capacity. Finally, the claim was also advanced on the basis of unjust enrichment, and the judge provided detailed analysis of whether ‘free acceptance’ is a valid unjust factor. In this last respect, his decision departs from the recent decision of H&P Advisory Ltd v Barrick Gold (Holdings) Ltd in which Simon Gleeson (sitting as a deputy judge of the High Court) dismissed free acceptance as a free-standing unjust factor, as well as obiter observations of Lord Burrows in Barton v Morris. Written by Ben Haseldine, barrister at 4 King’s Bench Walk.