OH v Craven
 [2018] WTLR 275

Spring 2018 #171

Two applications were before the Court, involving the proceeds of personal injury actions that had been paid into the Court Funds Office following compromises. During each action and its compromise, the claimant was represented by a litigation friend: for OH, as a minor, and for AKB, lacking in litigation capacity.

OH’s litigation friend applied to the Court for payment of the proceeds of his compromise (just under £2m) to a trustee to hold them on the terms of a bare trust for his benefit. The trustee was to be a trust corporation that was incorporated and operated by his litigat...

Cronin v De Hamel [2017] EWHC 454 (Ch)

Summer 2017 #168

The Brindle Estate near Chorley belonged to Patience Aspinall, who died in 1985. The Estate passed to her sister Honour Ruth (‘Miss Aspinall’) as her executor and sole beneficiary. In the early 1990s, the Brindle Estate was subject to compulsory purchase for the construction of the M65 motorway over the northern part. By February 1994, the Department of Transfer had entered upon the land for the purpose of commencing construction. Miss Aspinall received interim payments on account of the compensation payable to her arising from construction of the M65, in particular, £46,727 in October 1...

Collins v Collins [2016] EWHC 1423 (Ch)

September 2016 #162

Anthony Collins (settlor) had three children by his marriage to Valerie Collins, namely Rachel who was born in 1989, Michael who was born in 1991 and Charley who was born in 1998 (children). The settlor was entitled to a whole life policy with Allied Dunbar (policy) and, during the course of divorce proceedings, gave an undertaking to the court to execute a declaration of trust in favour of the children on terms to be agreed between the parties. The settlor did not comply with the undertaking because he did not seek the agreement of Valerie Collins to the terms of any trust. Instead, by ...

Wright & anr v National Westminster Bank Plc [2014] EWHC 3158 (Ch)

April 2015 #148

On 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 ...