High Court (Chancery Division) – Page 2

The claimant was the trustee of an employment benefit trust (the EBT). The trustee had an interest in a company that owned and controlled a business (the utility). The beneficiaries of the EBT were the former and current employees of the utility and other group companies and their dependants. The trustee entered into a sale and purchase agreement for the sale of the EBT’s interest in the company, conditional upon certain relief from the court. Following the sale, there would be a distribution of the trust property amongst various beneficiaries.

Held

The fol...

Brennan v Prior [2015] EWHC 3082 (Ch)

March 2016 #157

The claimant and third to sixth defendants were beneficiaries under a will. The first and second defendants were the witnesses and executors of the will. The claimant unsuccessfully challenged the will with costs orders being made against the claimant in favour of the first and second defendants and the third to sixth defendants. As regards the third to sixth defendants’ costs the order provided that the costs (if not previously paid) should be payable out of what remained of the claimant’s pecuniary legacy after payment of the first and second defendants’ costs prior to the distribution...

Birdseye & anr v Roythorne & Co & ors [2015] EWHC 1003 (Ch)

July/August 2015 #151

Roythorne & Co (Roythornes), a firm of solicitors, acted for Mr & Mrs Dring and, following his death on 28 September 2008, the executors of Mr Dring, Mr Pola and Mr Doubleday. Roythorne & Co (Roythornes), a firm of solicitors, acted for Mr & Mrs Dring and, following his death on 28 September 2008, the executors of Mr Dring, Mr Pola and Mr Doubleday. Mr & Mrs Dring were the only shareholders of Dring Bros Limited, which had acquired Manor Farm to enable Mrs Dring’s brother and sister in law (Mrs Cooke), who were the tenant farmers, to continue to live there. Roythornes...

Patel v Mirza [2013] EWHC 1892 (Ch)

December 2013 #135

The claimant (Mr Patel) became friends with Mr Georgiou in 2004. Mr Patel was introduced to the defendant (Mr Mirza) at the end of 2008 or the beginning of 2009 by Mr Georgiou, probably at one of the poker games Mr Georgiou hosted every Friday evening.

Mr Mirza was and is employed as a foreign exchange broker and also had a personal spread-betting account.

In August 2009 Mr Patel stated that he was approached by Mr Georgiou with a deal he had been offered by Mr Mirza – Mr Mirza would use his spread-betting account to bet on the movement of RBS shares and that Mr Mirza knew ...

Kell v Jones & ors

April 2013 #128

Mrs Joan Pittaway (the testatrix) made a will dated 15 December 2010 and died on 21 January 2011. Her will appointed Mr Kell as one of two executors.

Clause 4 of her will left pecuniary legacies to 15 named relatives and four charities (with £7500 in total left to charity). Clause 6 of the will left her residue to be paid ‘equally among such of the beneficiaries named in clause 4 as shall survive me and if more than one in equal shares’.

It was alleged that the testatrix wished her residue to be split only between family members and not the charities. The size...