University of London v Prag & anr [2014] EWHC 3564 (Ch)
May 2015 #149This decision concerned the construction of a trust deed dated 28 November 1944 (the deed) made between Eric Max Warburg on behalf of the Warburg family, Viscount Lee of Fareham on behalf of the Warburg Society, and the University of London (UOL). There arose questions about the scope of the deed, the ownership of property, the status of funding and the propriety of the administration by UOL under the deed. UOL brought a construction summons to determine these questions at the behest of HM Attorney General (the second defendant). The first defendant was Professor John Prag, of the Univer...
Brudenell-Bruce v Moore & ors [2014] EWHC 3679 (Ch)
April 2015 #148The claimant, Mr Brudenell-Bruce Earl of Cardigan brought a claim for breach of trust against two trustees of the Savernake Estate Trust (Mr Moore and Mr Cotton) of which he is a beneficiary. He also challenged the trustees’ remuneration and sought their removal as trustees.
The estate consists of numerous properties including a mansion, Tottenham House with an adjacent stable block. The estate is held on trust for sale and within a partnership with 49% of the partnership belonging to Lord Cardigan absolutely and 51% held by the trustees of the Children’s Trust, the beneficiaries ...
Garcha & ors v Moore & ors [2014] EWHC 2754 (Ch)
April 2015 #148Sri Guru Singh Sabha Southall (the charity) was a registered charity whose objects included the advancement of religion. An executive committee was responsible for the management of the charity and, with 10,000 members, there was a tendency to form factions. A former president of the charity (Mr Sohi) was expelled from membership, following a change of office, and commenced proceedings against the members of the executive committee then in power (the old committee) for a declaration that the resolution of expulsion was null and void. They were sued on their own behalf and on behalf of al...
Tamlin & anor v Edgar & ors [2011] EWHC 3949 (Ch)
April 2015 #148The claimants were trustees of a 1983 children’s trust, and a trust called the Lower Green Farm trust. The 1983 trust had been created by Anthony Samuel Edgar (the testator) in March 1983 for the benefit of his four children. The fund was divided in four equal shares, and each to be held for each child contingently upon attaining 25. The share was to be retained by the trustees on life interest trusts to pay the income to the child for life with a power to advance the capital of that share to him/her.
The Lower Green Farm trust had been made in the testator’s will of ...
Walker & anr v Badmin & ors claim no HC121304229
April 2015 #148Elizabeth Jane Walker (Mrs Walker) was born on 25 March 1956. She married John Walker in 1981, and with him she had two daughters, Jennifer and Alison. In 2007, she left her husband and began to live with Michael Badmin (Mr Badmin).
On 20 June 2009, Mrs Walker was diagnosed with a terminal, malignant brain tumour. Following the prescription of medication, she began to suffer from symptoms of psychosis. However, her condition gradually improved, and she was discharged from hospital on 20 July 2009. Mrs Walker’s health begun to deteriorate in Autumn 2009. By October, she was bed-bou...
Wright & anr v National Westminster Bank Plc [2014] EWHC 3158 (Ch)
April 2015 #148On 20 August 2012 Richard Wright signed a discretionary trust of which the National Westminster Bank was the trustee. The beneficiaries named were the widow, children and remoter issue of the settlor. There was a power to add beneficiaries but not the settlor or anyone who has previously added property to the settlement or the spouse of the settlor.
Clause 15 stated that no capital or income could be paid to the settlor, the spouse of the settlor or anyone who had added property.
At the first meeting with the bank the representative of the bank specifically ...
Williams v Seals & ors [2014] EWHC 3708 (Ch)
March 2015 #147The deceased, Mr Seals, (D) committed suicide on 10 December 2013. He was depressed following his wife’s death from cancer in August 2010. However, the mental health team who saw him in September and November 2012 did not identify any major disordering mental illness. After his wife’s death D renewed a childhood friendship with the applicant Mrs Williams (B) and letters he wrote to her suggested a considerable degree of emotional dependence upon her. On 12 May 2011 he made a will using B’s solicitors and appointed her his executrix. He left her all his property and assets. At the same ti...
Wright v Waters & anr [2014] EWHC 3614 (Ch)
March 2015 #147The claimant was Patricia Wright who made a claim against the estate of her mother Mary Waters. Mrs Waters died on 29 December 2010 leaving an estate worth £138,000.
Mrs Waters had two children – Patricia and David. Patricia (a widow) has one child Victoria and two grandchildren. Patricia suffers from numerous medical conditions and is wheelchair bound. Her outgoings exceed her income.
David married Susan and has four children.
Mrs Waters made a will in January 2009 leaving legacies of £5000 to each of David’s children, £7,000 between her sister-in-law and a niece an...
JSC Mezhdunarodniy Promyshlenniy Bank & anr v Pugachev & ors [2014] EWHC 3547 (Ch)
March 2015 #147This concerned an application by the trustees of five discretionary trusts of which the defendant was a discretionary object. The defendant was the founder of the first claimant, a Russian bank (the bank). The bank had subsequently gone into administration and the second claimant, a Russian state organisation (the DIA), had been appointed as its liquidator. The DIA sought to enforce various claims against the defendant in Russian and English proceedings. The sums involved were in the order of $2.2bn.
At a hearing before Henderson J on 11 July 2014 a freezing order was made agains...
Roadchef (Employee Benefits Trustees) Ltd v Hill & ors [2014] EWHC 3109 (Ch)
March 2015 #147The claimant was an Employee Benefit Trust (EBT) created by a company as part of a scheme to encourage employee share ownership. The mechanics of the scheme were that the EBT borrowed funds from a bank which it used to purchase shares in the company, with the loan being secured by a charge on the shares and guaranteed by the company. A separate share participation scheme (SPS), financed through funds provided by the company, purchased shares from the EBT which it then transferred to beneficiaries of the scheme (being employees of the company) in accordance with directions provided by the...