Hart & anr v Burbidge & ors [2014] EWCA Civ 992 On appeal from: [2013] EWHC 1628 (Ch)
October 2014 #143and
1. ARTHUR KENNETH GERALD SAMWAYS
2. GRAHAM DOUGLAS SAMWAYS
3. CHRISTINE MARGARET GARLINGE
4. PETER KENNETH HART
5. LEWIS ROGER HART
6. GEMMA LOUISE HART
v
1. SUSAN ANNE BURBIDGE
2. BRIAN JEFFERY BURBIDGE
3. KENNETH CHARLES HART
4. PAUL ROGER HART
The appellants appealed a decision in two actions that had been tried together ...
Hart & anr v Burbidge & anr
October 2014 #143In 2006 the deceased made a will directing a sale of two properties, No 7 and No 43 (the properties), with the proceeds to be shared between her sons (the Harts). On the same date the deceased gave another property, Unit 15, to her daughter and son-in-law, Mr and Mrs Burbidge, and also released them from a debt of £44,000. In 2007 the deceased made a further will leaving No 7 to the Harts and No 43 to her siblings and any grandchildren surviving her with the residue to be divided equally amongst her children.
Having decided to live with the Burbidges, the deceased transferred her...
Lewis v Lewis [2014] EWCA Civ 412
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The application concerned Peter’s litigation capacity. Peter suffered from Asperger’s syndrome. In the earlier stages of the litigation Peter was in receipt of legal aid and represented by solicitors. At their request and on the basis of an e...
Simon v Byford & ors [2014] EWCA Civ 280
July/August 2014 #141The appeal dealt with the issue of whether the late Constance Simon (1) had testamentary capacity and (2) knew and approved her will she executed at or immediately after her 88th birthday party on 18 December 2005. The judge below answered the questions in the affirmative, on of Mrs Simon’s sons, Robert Simon appealed.
Mrs Simon had originally had four children, who each owned 24.99% of the shareholding in a family company. Mrs Simon owned the other 0.04% of the shares. Robert was the managing director. Her sons Hilary and Johnathan did not play a part in the business. Davi...
HMRC v Lord Howard of Henderskelfe (dec’d) [2014] EWCA Civ 278
June 2014 #140Lord Howard of Henderskelfe was the owner of a painting by Sir Joshua Reynolds portraying a South Sea Islander called Omai. When he died on 27 November 1984, the painting devolved to the respondents as part of his estate and, eventually, they sold it at Sotheby’s on 29 November 2001 for £9.4m which, after deduction of commission and value added tax, represented a substantial gain over the value of the painting at the date of death. Ordinarily, the gain would be chargeable to capital gains tax and, initially, it was classified as such in the respondents’ trust and estate retur...
Jopling v Leavesley & anr [2013] EWCA Civ 1605
June 2014 #140Mr Jopling was the executor of the will of Kenneth Smith. On 6 January 2012 Mr Jopling issued proceedings against the deceased’s stepdaughter Mrs Leavesley and his niece, Mrs Thompson alleging that they had each obtained a cheque for £25,000 drawn on Mr Smith’s bank account and they between them had drawn £14,750 from ATMs by using his debit card. He alleged that these moneys had been obtained by undue influence and the estate was entitled to recover them.
In May 2012 via his solicitors he made a Part 36 offer to each of the two defendants offering to settle for £25,0...
Santander UK PLC v R.A. Legal Solicitors [2014] EWCA Civ 183
June 2014 #140Abbey National Building Society (now Santander UK PLC) (A) agreed to lend £150,000 to an individual (V) for the purpose of purchasing a property subject to taking a first legal charge. RA Legal Solicitors (R) conducted the conveyancing, acting for both V and A. The vendor’s solicitors (S) were a real firm but acted dishonestly, falsely representing that they acted for the vendor. On 17 July 2009 A transferred £150,000 (plus fees) to RA’s bank account. S notified an account to which the completion monies should be sent and on 28 July 2009 S purported to exchange and complete and RA arrang...
Agarwala v Agarwala [2013] EWCA Civ 1763
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Buzzoni v HMRC [2013] EWCA Civ 1684
April 2014 #138On 5 June 1996 Mrs Kamhi purchased a lease (the headlease) of a flat in Knightsbridge, London. On 21 November 1997 Mrs Kamhi granted an underlease (the underlease) to Ovalap Nominees Ltd. The underlease was granted without rent or premium being payable. On the same day Mrs Kamhi created by deed a settlement. The trustee was Legis Trust Ltd and the trust property was the underlease. Ovalap entered into the underlease as bare nomiee for Legis Trust Ltd.
On 24 March 2004 Parkside (Knightsbridge) Residents Ltd then granted Mrs Kamhi a new lease over the flat commencing 1 April 2003. ...
Manchester City Council v G & ors [2011] EWCA Civ 939
April 2014 #138This is an appeal from a judgment of Baker J [2010] EWHC 3385 (Fam) making an award of costs at the conclusion of long-running proceedings in the Court of Protection. The costs related to an interim hearing lasting eight days from January through to March, and, following judgment on 26 March 2010 ([2010] EWHC 621 (Fam)), a further hearing on 6 May 2010. In respect of costs, the judge said:
‘In all the circumstances, I conclude that this is a case for departing from the general rule set out in r157 of the Court of Protection Rules, and I make an order in the follo...