Shirt v Shirt [2012] EWCA Civ 1029
March 2013 #127Stanley Shirt, the claimant (C), owned the freehold of the family farm (Syda) and an agricultural tenancy (Rufford), which he lost in 2007 as a result of failure to pay the rent. He had three sons and a daughter. In 1974 C entered into a farming partnership with his wife, Marie (M), who died in 2004, and his son, Alan (A). Both farms were recorded as partnership assets. In 2006 C fell out with A and thereafter they carried on two separate businesses. A lived in a house on Rufford until the tenancy came to an end, when he moved into a caravan on Syda. C brought a claim for possession agai...
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...
Page & anr v Hewetts Solicitors & anr [2012] EWCA Civ 805
October 2012 #123The claimants (P) were the beneficiaries under their parents’ will. The first respondents Hewetts, solicitors (H) were retained to advise and act for P in the administration of their parents’ estates. The second respondent, Christopher Fuller (F) was employed by H as a legal executive. F was instructed by P in 1998 in relation to a sale of P’s parents’ property. Unknown to P at the time, F carried on business as a property developer through Exnine Developments (E) and recommended that P sell the property for £190,000 to Sahana Enterprises Ltd (S), which had agreed...
Barrett v Bem & ors [2012] EWCA Civ 52
May 2012 #119Martin Lavin (the testator) died on 11 January 2004 in Hammersmith Hospital leaving a will in which he left everything to his sister Anne Liston whom he also appointed executor (the will). Anne died on 04 November 2004 having obtained probate of the will in June 2004. Her daughter, Hanora Bem was appointed her executor. Hanora wrote out the will at Hammersmith Hospital on the day of the testator’s death. The testator was alleged to have signed the will at approximately 3.30pm on the date of his death. It was purportedly witnessed by two staff nurses.
In May 2007, proceedings were ...