Irwin Mitchell Trust Corporation v PW & anr [2024] WTLR 943

Wills & Trusts Law Reports | Autumn 2024 #196

The claimant (a trust corporation) was appointed as deputy for property and financial affairs for the first defendant. The claimant instructed IMAM (an investment manager) to invest the first defendant’s funds. IMAM was part of the same corporate group as the claimant (IMAM was wholly owned by IMHL, and IMHL wholly owned IMLLP which wholly owned the claimant).

During a statutory will application, the Official Solicitor expressed concern about the appointment of IMAM. The court directed the claimant to apply for retrospective authority to instruct IMAM.

The claimant’s eviden...

Hotel Portfolio II UK Ltd & anr v Ruhan & ors [2024] WTLR 145

Wills & Trusts Law Reports | Spring 2024 #194

This was an appeal against a decision of Foxton J ordering the second defendant to pay £102m in compensation for dishonest assistance along with nearly £60m in interest.

The first defendant had been a director of the first claimant. In breach of fiduciary duty, the first defendant had caused the first claimant to sell company assets related to several London hotels to a corporate purchaser in which the first defendant had an undisclosed interest. The sale was at an objectively reasonable market price. The purchaser later sold the hotels for a large profit (partly due to having dev...

Shepherd & Co Solicitors v Brealey [2023] WTLR 755

Wills & Trusts Law Reports | Summer 2023 #191

The testatrix by her will appointed her brother, Mr Robin Shepherd (a solicitor), ‘and the partners at the time of my death in the firm of Shepherd and Co [being Mr Shepherd’s firm]’ as her executors. The will made no provision for remuneration of executors. Mr Shepherd’s firm (the appellant) was retained by the executors and the retainer was signed by the brother alone. Mr Shepherd did work in his capacity as executor of the estate of the deceased and the appellant rendered a bill to the estate. The testatrix’s son (the respondent) brought third-party assessment proceedings pursuant to<...

Brealey v Shepherd & Co (2) [2022] WTLR 27

Wills & Trusts Law Reports | Spring 2022 #186

The proceedings concerned detailed assessment as part of a beneficiary’s challenge to the legal costs incurred in the administration of the estate of his late mother. The point of dispute considered in the judgment was the fees raised by one of the two executors, Mr Shepherd, who was a solicitor. It was common ground that the will did not contain a charging clause. Mr Shepherd relied on a number of arguments. He argued that his appointment was a personal one, irrespective of him being a solicitor, and that both executors were entitled to be reimbursed their expenses incurred in fair exec...

Ruscoe & anr v Cryptopia Ltd [2021] WTLR 965

Wills & Trusts Law Reports | Autumn 2021 #184

The defendant company was formed as a cryptocurrency trading exchange platform based in New Zealand in 2014. It enabled users to register as account holders, make deposits and carry out trades of various types of digital assets for which the company charged fees. The initial deposit would be made into a ‘hot wallet’ connected to the internet for which there was a public key. When not required to meet withdrawal requests, the deposit would be transferred to a ‘cold wallet’ which was not connected to the internet and for which there was a private key, similar to a password, known only to t...