Anderson v Spencer [2018] WTLR 1
Spring 2018 #171The mother and executor (V) of the deceased appealed against an order that a DNA sample from the deceased, held by a hospital, be tested against the respondent (D), to determine whether he was the son of the deceased. The deceased had suffered from an hereditary form of bowel cancer called Lynch Syndrome, and so D wanted to discover if he was at risk of this condition developing. V refused consent. D applied for a declaration of paternity under s55A Family Law Act 1986, in the context of which he sought an order for testing of the DNA sample collected by the hospital during the ...
Crossfield v Jackson [2014] EWCA Civ 1548
November 2015 #154The dispute between the parties concerned the ownership of a four-bedroom London apartment (the property). Monica Elaine Crossfield (the appellant) had become the council tenant of the property in 1987 under a secure tenancy with the London Borough of Lambeth (LBC). By a lease dated 26 August 2003 (the lease), LBC demised the property to her for a term of 125 years in consideration of a premium of £109,500 (the premium). The premium was calculated by the market value of the property, minus a right to buy discount by virtue of the appellant being a secure tenant. The premium was provided ...
Lim v Walia [2014] EWCA Civ 1076
January/February 2015 #146Jocelyn Walia died on 25 March 2011 aged 38. She had married Mr Walia in July 2003 and they had a daughter Emma-Kaur in November 2004.
In 21 May 2002, they bought a fixed-term life insurance. On the first death the survivor would be paid the sum insured. On proof of one of the life insured was suffering a terminal illness then the payment was brought forward and then no death benefit would be payable.
After they separated Mrs Walia moved to the Philippines and had a son Philip Lim in July 2009. In February 2011 she was diagnosed with terminal cancer.
Mrs Walia died i...
Simon v Byford & ors [2014] EWCA Civ 280
July/August 2014 #141The appeal dealt with the issue of whether the late Constance Simon (1) had testamentary capacity and (2) knew and approved her will she executed at or immediately after her 88th birthday party on 18 December 2005. The judge below answered the questions in the affirmative, on of Mrs Simon’s sons, Robert Simon appealed.
Mrs Simon had originally had four children, who each owned 24.99% of the shareholding in a family company. Mrs Simon owned the other 0.04% of the shares. Robert was the managing director. Her sons Hilary and Johnathan did not play a part in the business. Davi...
The Pollen Estate Trustee Co Ltd & anr v HMRC [2013] EWCA Civ 753
November 2013 #134The Pollen Estate Trustee Company (PETCL) held various London properties on trust for the beneficiaries of the Pollen Estate Trust (PET). Two of the beneficiaries of the PET were charities, being the Church Commissioners and Greenwich Hospital. From time to time PETCL bought and sold property. The appeal concerned four properties bought by PETCL on behalf of the PET between 2006 and 2008.
KCL is a charity. It operates a shared equity scheme under which it participates in the acquisition of homes for its employees in return for a share in the equity in the property proportionate to...
Day v Harris & ors [2013] EWCA Civ 191
May 2013 #129Sir Malcolm Arnold (Sir Malcolm) was married twice and had two children by his first wife, Robert Malcolm Arnold (Mr Arnold) and Katherine Louise Arnold (Miss Arnold). In June 1976, after separating from his second wife, Sir Malcolm moved to a flat in Dun Laoghaire and, in the following month, sent several boxes to Miss Arnold containing (inter alia) books, paintings, sculptures and the manuscripts of various of his compositions. At the same time he sent a postcard to Mr Arnold on which he had written ‘All the books, pictures, sculptures etc are for you and Katherine to sh...
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...
DL v A Local Authority & ors [2012] EWCA Civ 253
December 2012 #125Mr and Mrs L were an elderly married couple who, at the relevant time, were living with DL, their middle aged son, in the family home. Neither were at that time incapable, by reason of any impairment of, or disturbance in the functioning of, the mind or brain, of managing their own affairs within the meaning of the Mental Capacity Act 2005 (MCA). However, the local authority, which was concerned about alleged threatening and controlling behaviour on the part of DL, sought and obtained injunctive relief to protect Mr and Mrs L. Evidence obtained by the official solicitor concluded that bo...