Curati v Perdoni & anr [2012] EWCA Civ 1381
January/February 2013 #126Pierluigi Curati (Mr Curati) had a domicile of origin in Italy. He moved with his wife (Mrs Curati), a British national, to England in 1955. Mr and Mrs Curati ran a family restaurant (inherited from Mrs Curati’s parents) until 1970, when they sold the restaurant and invested the proceeds in real property which added to the property portfolio which they had already started to build up in England. They also held real property in Italy which they rented to third parties. On 18 December 1980, Mr and Mrs Curati made formal mirror wills in England, drawn in English which were limited t...
Pankhania v Chandegra [2012] EWCA Civ 1438
January/February 2013 #126The claimant appealed from the decision of Judge Charles Harris QC to dismiss his claim seeking an order for sale of 7 Cossington Street, Leicester (the property) and the division of the sale proceeds in equal shares between him and the defendant. A declaration had been made by the judge that beneficial ownership of the property was vested solely in the defendant, despite the property having been conveyed into the joint names of the claimant and defendant. A simultaneous express declaration of trust had been made in the transfer declaring that the parties were to hold the property as ten...
Singapore Airlines Ltd & anr v Buck Consultants Ltd [2011] EWCA Civ 1542
January/February 2013 #126Singapore Airlines Ltd (SA) brought proceedings against Buck Consultants Ltd (BC) alleging negligence in the drafting by BC of a revised version of the rules of SA’s pension scheme (scheme). A preliminary issue was tried concerning the meaning of ‘earnings’ for the purposes of the scheme. That preliminary issue had to be resolved for the purposes of SA’s negligence claim against BC. However, BC had also been appointed by the court to represent the interests of the members of the scheme on the preliminary issue.
Four issues were appealed by SA. Only Issue 4 ...
Thomas v Jeffery & ors [2012] EWCA Civ 693
January/February 2013 #126The appellant (Richard) had successfully brought an application for reasonable financial provision from the estate of his late father. This had been initially expressed as a family provision and proprietary estoppel claim for some 50% of the deceased’s estate. The proprietary estoppel claim was dropped but the level of provision claimed under the Inheritance (Provision for Family and Dependants) Act 1975 remained unaltered.
Richard provided little information on his financial position until directed to do so by the recorder at trial. This late disclosure proved the...
DL v A Local Authority & ors [2012] EWCA Civ 253
December 2012 #125Mr and Mrs L were an elderly married couple who, at the relevant time, were living with DL, their middle aged son, in the family home. Neither were at that time incapable, by reason of any impairment of, or disturbance in the functioning of, the mind or brain, of managing their own affairs within the meaning of the Mental Capacity Act 2005 (MCA). However, the local authority, which was concerned about alleged threatening and controlling behaviour on the part of DL, sought and obtained injunctive relief to protect Mr and Mrs L. Evidence obtained by the official solicitor concluded that bo...
Khaira & ors v Shergill & ors [2012] EWCA Civ 983
December 2012 #125In October 1987, the Birmingham Gurdwara (a Sikh place of worship) was purchased by four individuals and then by a deed dated 15 January 1991 the original trustees declared trusts of this property. They were trustees of the religious organisation following the teaching of His Holiness the First Holy Saint resident at Nirmal Kutia in the Punjab India ‘or his successor’. Clause 5 of the trust deed allowed the First Holy Saint ‘or his successor’ to remove trustees and appoint new trustees.
Sant Baba Jeet Singh Ji Maharaj (the ninth claimant) purported to retir...
Swain Mason & anr v Mills & Reeve [2012] EWCA Civ 498
December 2012 #125The claimants appealed from Arnold J’s decision to dismiss their claim in professional negligence brought against the defendant firm of solicitors. The defendant cross appealed against the judge’s order that the claimants’ pay 50% of the defendant’s costs.
Mr Christopher Swain owned 72.4% of the shares in Swains International plc. By 2006, Mr Swain had withdrawn from full-time management and spent most of his time in Thailand. Mr Swain had a history of ill health, including diabetes and heart disease. Each of his four daughters (who, together with Mr Swain...
Helena Partnerships Ltd v HMRC & anr [2012] EWCA Civ 569
November 2012 #124The appellant, a company limited by guarantee and not having a share capital, was a registered social landlord. Originally incorporated in January 2001, the appellant was registered as a charity on changing its memorandum and articles of association in November 2004. However, unless the appellant could establish that its objects were carried on for exclusively charitable purposes during the prior period from October 2001 to November 2004 there was a liability on rents received of £6m in corporation tax due to the respondent. The objects were the provision of housing, accommodation, assis...
Suggitt v Suggitt & anr [2012] EWCA Civ 1140
November 2012 #124Frank Edward Suggitt (Frank) died on 25 October 2009 leaving his entire estate (400 acres of farmland and several house) to his daughter Caroline. John, Frank’s son, was left nothing. Frank’s will, executed in 1997, expressed the wish (without creating a trust) that if at any time, in the opinion of Caroline, John showed himself capable of working and managing the farmland, that Caroline would transfer it to John.
The Suggitts had farmed in North Yorkshire for many generations. John was the youngest and only son. He had attended agricultural college at Frank’s expense, but left be...
Gallarotti v Sebastianelli [2012] EWCA Civ 865
November 2012 #124Mr Gallarotti (G) and Mr Sebastianelli (S) had been friends since 1988. They moved to London to make their careers and habitually rented flats together, both contributing towards the outgoings. In 1997 they took the step of buying a flat (the flat) together, although it was transferred into S’s sole name. The total cost was £188,287.44. S contributed £86,500 and G contributed £26,896.20. The remainder was met by a mortgage taken out by S and against which G agreed to postpone any interest he might have.
No written agreement existed to establish an express declaration of trus...