High Court Orders Repayment in Ballymena Land Sale Dispute
Northern Ireland High Court has directed Fiona Mary McKee to pay Samuel Forbes Carson £34,145.30 over a 2015 transfer of 19 acres of land in Ballymena, County Antrim. The court, presided over by Mr Gerald Simpson KC, determined the transaction involved £61,645.30 advanced to McKee, offset by £27,000 for land reinstatement works.
McKee had sought to cancel the land transfer to Carson, arguing he presented it as a loan while the documents effected a sale at undervalue. The High Court upheld prior Chancery findings of misrepresentation. Carson paid £43,645.30 to HMRC and issued cheques of £1,000, £2,000, £10,000 and £5,000 to McKee and Samuel James McKee.
The court rejected Carson's claim of additional payments via rent-free grazing rights. It described McKee as vulnerable due to ill health and financial pressure, with no legal advice before signing. Carson knew of her circumstances, leading to equitable rescission in initial proceedings.
McKee claimed £58,159.20 for works including laneway removal, boundary installation, tree clearance, well and barn restoration, horse enclosure reinstatement, and site clearance of containers and a caravan. The court allowed a reduced £27,000, citing issues with the surveyor's report.
No interest was awarded on the sum, as the court considered Carson's actions in the transaction. An appeal had remitted the case for monetary assessment. The ruling is Fiona Mary McKee v Samuel Forbes Carson and Samuel James McKee [2026] NiCh 7.