Rathbone Brothers Plc & anr v Novae Corporate Underwriting Ltd & ors [2014] EWCA Civ 1464
March 2015 #147Rathbone Brothers plc (Rathbone) was a substantial international group whose trust business included the management of family trusts for wealthy clients. Mr Egerton-Vernon (EV) was an employee of, and subsequently a consultant to, its subsidiary, Rathbone Trust Company Jersey Ltd (Trust Company). He was entitled to an indemnity from Rathbone and the trust company for liabilities arising from the performance of his services as a personal trustee of the Walker Trust to a limit of £40m. Rathbone took out insurance for itself and its subsidiaries (including the trust company) with AIG, which...
Jopling v Leavesley & anr [2013] EWCA Civ 1605
June 2014 #140Mr Jopling was the executor of the will of Kenneth Smith. On 6 January 2012 Mr Jopling issued proceedings against the deceased’s stepdaughter Mrs Leavesley and his niece, Mrs Thompson alleging that they had each obtained a cheque for £25,000 drawn on Mr Smith’s bank account and they between them had drawn £14,750 from ATMs by using his debit card. He alleged that these moneys had been obtained by undue influence and the estate was entitled to recover them.
In May 2012 via his solicitors he made a Part 36 offer to each of the two defendants offering to settle for £25,0...
Day & anr v Day [2013] EWCA Civ 280
June 2013 #130The appellants appealed from a first instance decision by Mr Recorder Chapman QC on 15 May 2012, which refused their application for an order for rectification of a conveyance that was executed on behalf of their mother (Mrs Day) by her solicitor (Mr Froud) who was acting as her attorney. The conveyance was dated 6 June 1985. The conveyance had transferred Mrs Day’s home from her sole name into the names or her and her son (the respondent) as beneficial joint tenants. The purpose of the transaction was to enable borrowing to be secured against the property by the respondent. Mrs Day died...
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...