Ham v Ham & ors [2013] EWCA Civ 1301
March 2014 #137The respondents, who had been in a partnership together, were the owners of the land on which their farming business was carried on, together with buildings, live and dead stock, farm machinery and other assets. The accounts recorded that the business was financed by the balance standing to the credit of their capital account with the land recorded year after year at book value. The appellant was bought into the partnership by the respondents on 1 October 1997 and their respective rights and obligations were set out in a partnership deed dated 15 December 1997 (the agreement). The accoun...
Re Jewell; Fox & anr v Jewell & ors [2013] EWCA Civ 1152
March 2014 #137A probate claim was brought in respect of the will of the aforesaid deceased for testamentary incapacity; want of knowledge and approval; rectification; a kind of mutual wills claim and in proprietary estoppel. HHJ McCahill QC held that the parties should be required to deal with each of the wills issues in comparatively short statements, without going back over the decades of family history, which would be necessary for a proprietary estoppel claim. He said that he was persuaded that there was a proper role for a trial of preliminary issues, with the second trial, if necessary, ...
Ben Nevis (Holdings) Ltd & anr v HMRC [2013] EWCA Civ 578
January/February 2014 #136David King, a South African businessman, is the owner of Ben Nevis, a company incorporated in the British Virgin Islands. Following various hearings and appeals, Ben Nevis was found liable to the Commissioner for the South Africa Revenue Service (SARS) for taxes of Rand 2.6bn (approximately £222m) for the 1998, 1999 and 2000 tax years. In March 2011 judgment was entered against Ben Nevis in South Africa for this sum.
SARS alleged that Mr King transferred Ben Nevis’ assets to Metlinka Trading Ltd when he learned of the tax investigations and £7.8m was credited to a London ba...
Berger v Berger [2013] EWCA Civ 1305
January/February 2014 #136The appellant, who was in her mid-80s and in poor health, was the widow of the deceased who had died on 26 June 2005. Both parties had children by previous marriages, and were together for 36 years. The deceased’s estate totalled approximately £7.5m and consisted of a large matrimonial home in Surrey, a half share in a property in Arizona, three properties in London and a controlling holding of shares in a property development company. By his last will (the will) the deceased, after appointing the appellant and his two sons to be executors and trustees, gave his share in the property in ...
Sharma v Sharma & ors [2013] EWCA Civ 1287
January/February 2014 #136In April 2003 qualified dentist Anushika Sharma acquired her first dental practice. In January 2007 she acquired a second practice and in July 2007 she was provided with an opportunity to purchase a third. This opportunity prompted a family meeting to discuss Anushika’s expanding empire. Jagesh Sharma (Sunny), Keshbala Sharma and Rajesh Sharma (Anushika’s then husband, mother-in-law and brother-in-law respectively) and Anushika were in attendance. During this meeting it was determined that a company (ADC Ltd) would be set up to purchase the third practice rather than Anushika doing this ...
The Pollen Estate Trustee Co Ltd & anr v HMRC [2013] EWCA Civ 753
November 2013 #134The Pollen Estate Trustee Company (PETCL) held various London properties on trust for the beneficiaries of the Pollen Estate Trust (PET). Two of the beneficiaries of the PET were charities, being the Church Commissioners and Greenwich Hospital. From time to time PETCL bought and sold property. The appeal concerned four properties bought by PETCL on behalf of the PET between 2006 and 2008.
KCL is a charity. It operates a shared equity scheme under which it participates in the acquisition of homes for its employees in return for a share in the equity in the property proportionate to...
AIB Group (UK) plc v Mark Redler & Co Solicitors [2013] EWCA Civ 45
October 2013 #133In 2006, Drs Ravindra and Salma Sondhi applied to the claimant (AIB) for a loan of £3.3m, to be secured against their private home, in order to provide finance for their business. The application stated that the Sondhis’ home was worth £4.5m but was subject to an existing mortgage in favour of Barclays Bank to secure an outstanding loan of £1.5m. AIB agreed to the loan but required security over the Sondhis’ home in the form of first legal charge. AIB instructed the defendant (MRC) to act for it in connection with the remortgage and provided MRC with a facility letter which s...
Day & anr v Day [2013] EWCA Civ 280
June 2013 #130The appellants appealed from a first instance decision by Mr Recorder Chapman QC on 15 May 2012, which refused their application for an order for rectification of a conveyance that was executed on behalf of their mother (Mrs Day) by her solicitor (Mr Froud) who was acting as her attorney. The conveyance was dated 6 June 1985. The conveyance had transferred Mrs Day’s home from her sole name into the names or her and her son (the respondent) as beneficial joint tenants. The purpose of the transaction was to enable borrowing to be secured against the property by the respondent. Mrs Day died...
Day v Harris & ors [2013] EWCA Civ 191
May 2013 #129Sir Malcolm Arnold (Sir Malcolm) was married twice and had two children by his first wife, Robert Malcolm Arnold (Mr Arnold) and Katherine Louise Arnold (Miss Arnold). In June 1976, after separating from his second wife, Sir Malcolm moved to a flat in Dun Laoghaire and, in the following month, sent several boxes to Miss Arnold containing (inter alia) books, paintings, sculptures and the manuscripts of various of his compositions. At the same time he sent a postcard to Mr Arnold on which he had written ‘All the books, pictures, sculptures etc are for you and Katherine to sh...
FHR European Ventures & ors v Mankarious & ors [2013] EWCA Civ 17
May 2013 #129The claimants (Investor Group) appealed from the decision of Simon J ([2011] EWHC 2308 (Ch)) that the Investor Group was entitled to a personal, but not a proprietary, remedy against Cedar Capital Partners LLC (Cedar). There was no appeal from Simon J’s decision that Cedar was liable to account in equity to the Investor Group.
Monte Carlo Grand Hotel in Monaco was owned by Monte Carlo Hotel SAM, a Monegasque company. The company’s share capital was owned by Monte Carlo Grand Hotel Ltd, a BVI company. In September 2004, the BVI company was interested in selling the hotel, either by...