Magiera v Magiera [2016] EWCA Civ 1292
March 2017 #167The parties were previously married. In 1990, they acquired a house in London in their joint names. In April/May 2014, the wife issued an application under the Trusts of Land and Appointment of Trustees Act 1996 (‘TLATA 1996‘) seeking an order for sale of the house, together with an order that the net proceeds be distributed between herself and her husband in equal shares. The husband contested the jurisdiction of the English court to entertain the wife’s proceedings and applied for them to be dismissed or stayed. The wife argued that England and Wales...
P v P [2015] EWCA Civ 447
July/August 2015 #151A husband and wife met in 1999 and married in 2003. They had one child together, of primary school age at the time of the proceedings. In 2005 the husband and wife moved into a farmhouse owned by the husband’s parents. In 2009 the husband’s parents settled the farmhouse on a discretionary trust for the benefit of their children and remoter descendants. Subject to the power to appoint the capital and income to the discretionary beneficiaries, the farmhouse was held on trust to pay the income to the husband for life, and it was declared that the making of any land comprised within the trus...
Cotton & anr v Earl of Cardigan & ors [2014] EWCA Civ 1312
January/February 2015 #146The claimants were the present trustees of the Savernake Estate, the principal asset of which was a grade I listed house known as Tottenham House together with a dilapidated grade II listed stable block (together Tottenham House). Unoccupied since the 1990s and decaying fast, it was proposed to sell Tottenham House not least because of the need to repay significant borrowing from the bank. There was no dispute as to the trustees’ decision to sell; what was disputed was the process by which that sale should be achieved. The beneficiaries of the trust were the first defendant (Lord C...
Hart & anr v Burbidge & anr
October 2014 #143In 2006 the deceased made a will directing a sale of two properties, No 7 and No 43 (the properties), with the proceeds to be shared between her sons (the Harts). On the same date the deceased gave another property, Unit 15, to her daughter and son-in-law, Mr and Mrs Burbidge, and also released them from a debt of £44,000. In 2007 the deceased made a further will leaving No 7 to the Harts and No 43 to her siblings and any grandchildren surviving her with the residue to be divided equally amongst her children.
Having decided to live with the Burbidges, the deceased transferred her...
Hart & anr v Burbidge & ors [2014] EWCA Civ 992 On appeal from: [2013] EWHC 1628 (Ch)
October 2014 #143and
1. ARTHUR KENNETH GERALD SAMWAYS
2. GRAHAM DOUGLAS SAMWAYS
3. CHRISTINE MARGARET GARLINGE
4. PETER KENNETH HART
5. LEWIS ROGER HART
6. GEMMA LOUISE HART
v
1. SUSAN ANNE BURBIDGE
2. BRIAN JEFFERY BURBIDGE
3. KENNETH CHARLES HART
4. PAUL ROGER HART
The appellants appealed a decision in two actions that had been tried together ...
Buzzoni v HMRC [2013] EWCA Civ 1684
April 2014 #138On 5 June 1996 Mrs Kamhi purchased a lease (the headlease) of a flat in Knightsbridge, London. On 21 November 1997 Mrs Kamhi granted an underlease (the underlease) to Ovalap Nominees Ltd. The underlease was granted without rent or premium being payable. On the same day Mrs Kamhi created by deed a settlement. The trustee was Legis Trust Ltd and the trust property was the underlease. Ovalap entered into the underlease as bare nomiee for Legis Trust Ltd.
On 24 March 2004 Parkside (Knightsbridge) Residents Ltd then granted Mrs Kamhi a new lease over the flat commencing 1 April 2003. ...
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 ...