Hawes v Burgess & anr [2013] WTLR 453
April 2013 #128Daphne Burgess, the deceased (D), died in May 2009 aged 80. She had three children: the appellant, Julia (J), and the respondents, Peter (P) and Libby (L). P and the deceased were very close. He organised her finances and in 2006 bought a bungalow for her to live in. It was to remain in his name, but subject to a lease to his mother to give her security. They agreed that she would pay £21,000 towards the cost of a new kitchen and bathroom that she wanted installed. J and P fell out for a number of reasons, mainly connected with the purchase of the bungalow and related arrangements affect...
Davisons Solicitors v Nationwide Building Society [2012] EWCA Civ 1626
April 2013 #128The claimant (Nationwide) offered on 12 December 2008 to lend Mr Patel £187,500 to enable him to buy 61 Avery Road, West Midlands (the property) for £249,995. Both Nationwide and Mr Patel instructed the defendant (Davisons) as solicitor on the basis of the Council of Mortgage Lenders Handbook (CML Handbook).
Paragraph 10.3.4 of the CML Handbook required Davisons to hold the loan money on trust for Nationwide until completion. On 30 January 2009, Davisons were informed by a letter sent from the offices of Rothschild in Small Heath that Rothschild were ac...
Hughmans Solicitors v Central Stream Services Ltd & anr [2012] EWCA Civ 1720
March 2013 #127Hughmans Solicitors (Hughmans) appealed from the decision of Briggs J that a debt owed to Hughmans, secured by a charging order, did not enjoy priority over the rights of Central Stream Services Ltd (in liquidation) (the company) and its liquidator arising from a Tomlin Order.
Hughmans had applied for an order for payment of £19,000 from the proceeds of sale of 3 Tisdal Place, London (the property). Hughmans claimed to be entitled to the payment on the basis of a judgment debt secured by a final charging order against the property. The company and its liquidator claimed a prior s...
Shirt v Shirt [2012] EWCA Civ 1029
March 2013 #127Stanley Shirt, the claimant (C), owned the freehold of the family farm (Syda) and an agricultural tenancy (Rufford), which he lost in 2007 as a result of failure to pay the rent. He had three sons and a daughter. In 1974 C entered into a farming partnership with his wife, Marie (M), who died in 2004, and his son, Alan (A). Both farms were recorded as partnership assets. In 2006 C fell out with A and thereafter they carried on two separate businesses. A lived in a house on Rufford until the tenancy came to an end, when he moved into a caravan on Syda. C brought a claim for possession agai...
Singh & ors v Ahluwalia [2012] EWCA Civ 1635
March 2013 #127The testator, Ranjit Singh (D), died in 2009. He had executed a will dated 3 May 1999, naming his eldest son, the claimant (J), as executor and sole beneficiary. The will was attested by two witnesses, Maurice Grantham (G) and Gurdial Ahluwalia (A). D’s daughter, Balvinder Ahluwalia (B), challenged the will on the grounds that the two witnesses had signed it on two separate and distinct occasions at different places. G gave evidence that he had signed the will when D visited his house and he was the only witness present, but he was not able to identify the will when it was shown to...
Bieber & ors v Teathers Ltd [2012] EWCA Civ 1466
January/February 2013 #126The defendant (Teathers) promoted a series of unregulated collective investment schemes intended to take advantage of tax reliefs available on investments in TV productions. UK tax payers were entitled to write down 100% of any expenditure on a film or TV production certified as a British Qualifying Film. The schemes had not proved successful. Many of the productions were commercial failures and a number of them had not been certified as British Qualifying Films and were illegible for the tax relief that was the rationale behind the schemes. The claimants argued that money invested in th...
Bradbury & ors v Taylor & anr [2012] EWCA Civ 1208
January/February 2013 #126William Samuel Taylor (deceased) and his late wife lived in a large property, set in 15 acres of grounds, called Lower Manaton (property), near Callington in Cornwall. The deceased made a will in 1998 by which the defendants, who were his nephew and niece, were to be allowed to occupy the property for seven years after his death, on stated terms and conditions. At the same stage in late 2000 the deceased proposed that the defendants, who lived in Sheffield, should move to Cornwall and occupy part of the property with their two children. The first defendant favoured the idea; the second d...