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BH v JH [2024] WTLR 391
JUDGMENT DEPUTY DISTRICT JUDGE WEERERATNE: Introduction [1] This hearing arose in the context of an application dated 6 August 2022 for a variation to a statutory will made in 2008 on behalf of P (‘current statutory will’). The application was made by his deputy, who is also his brother. P is represented by the Official …
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July 19, 2024
BH v JH (costs) [2024] WTLR 403
JUDGMENT DEPUTY DISTRICT JUDGE WEERERATNE: [1] This judgment concerns an application for costs made by the Official Solicitor (OS) acting as litigation friend for P following judgment on 10 November and an oral hearing on 6 November 2023. The two judgments should be read together. The application before the court concerned a variation to a …
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Benjamin v Benjamin & anr [2024] WTLR 411
JUDGMENT MASTER McQUAIL: Introduction [1] On 6 November I heard the claimant’s application for an order departing from the default rule in CPR 38.6(1) as to the costs consequences upon discontinuance of a claim. The claimant filed a notice of discontinuance in respect of the whole of his claim on 5 July 2023 and filed …
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Brealey v Shepherd & Co Solicitors [2024] WTLR 427
JUDGMENT SIR NICHOLAS PATTEN: [1] This is a second appeal by the defendant firm of solicitors against an order of Costs Judge Rowley dated 29 November 2021 which was made in third-party assessment proceedings brought by the claimant, Mr Peter Brealey (‘Mr Brealey’), pursuant to s71(3) of the Solicitors Act 1974 in relation to the …
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Byers & ors v Saudi National Bank [2024] WTLR 443
JUDGMENT LORD HODGE (with whom Lord Leggatt and Lord Stephens agree): [1] I am very grateful to Lord Briggs and Lord Burrows for setting out the facts and for the reasoning by which they conclude that the appeal must be dismissed. They agree that a claim in knowing receipt cannot succeed once the claimant’s proprietary …
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Folds Farm Trustees Ltd & anr v Cutts & ors [2024] WTLR 503
JUDGMENT MASTER CLARK: [1] In this claim, trustees seek the court’s approval or ‘blessing’ of a decision (‘the Decision’) that is within their powers as trustees, but is of such significance and importance that they seek that approval. Parties [2] The claimants, Folds Farm Trustees Limited and Cutts Trustees Limited (‘the trustees’), are trustees of …
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Grosskopf v Grosskopf & anr [2024] WTLR 530
JUDGMENT MASTER CLARK: [1] This is my judgment on the defendants’ application dated 24 January 2023 seeking: (1) a stay of the claim pursuant to s9 of the Arbitration Act 1996 (‘the 1996 Act’); alternatively (2) to strike out the claim as an abuse of process. Parties and the claim [2] The claimant, Chaim Grosskopf, …
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Henchley & ors v Thompson & anr [2024] WTLR 559
JUDGMENT DEPUTY MASTER LINWOOD: [1] The Eagles in their iconic 1976 hit Hotel California sang ‘You can check out any time you like but you can never leave’. Mr Holden submitted at a hearing in May 2023 that the First Defendant was in the same position as the WCC Henchley Trust (‘the Trust’) has not …
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Kenig v Thomson Snell & Passmore LLP [2024] WTLR 595
JUDGMENT LORD JUSTICE STUART-SMITH: Introduction [1] Mr Kenig, the respondent, and his sister are the beneficiaries of a will made on 13 February 2019 by their mother, Mrs Cunnick. The appellant firm of solicitors [the Solicitors] were retained and instructed by the sole executor of the will to administer Mrs Cunnick’s estate. The Solicitors’ original …
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Lane v Lane & ors [2024] WTLR 615
JUDGMENT JONATHAN HILLIARD KC: Introduction [1] This case concerns a dispute over the effect of a will and the administration of an estate, specifically whether a gift under the will has adeemed and whether the executrix should be replaced by an independent solicitor. [2] The estate is that of Monica Lane (the ‘Deceased’), who died …
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