Armstrong v Onyearu [2017] EWCA Civ 268
Summer 2017 #168Mr and Mrs Onyearu were a married couple. Mr Onyearu was declared bankrupt in 2011 and Mr Armstrong was his trustee in bankruptcy. The question before the Court was whether Mrs Onyearu could rely upon the equity of exoneration in order to take a charge over her husband’s share of the matrimonial home.
Mr Onyearu was the sole registered proprietor of the matrimonial home in Catford (purchased in 2000), and he and his wife maintained that they beneficially owned the property in equal shares. In 2005, a loan facility was granted to Mr Onyearu by Bank of Scotland in order to pr...
Akers & ors v Samba Financial Group [2014] EWCA Civ 1516
July/August 2015 #151The claimants appealed a decision to stay their claim on the ground of forum non conveniens.
The fourth claimant (C4) was a Cayman company and was massively insolvent, owing US$2.815bn plus interest to a syndicate of banks including the defendant (D). The first (C1), second (C2) and third claimant (C3) were the liquidators of C4. A winding up petition was presented to the Grand Court of the Cayman Islands on 30 July 2009, commencing the winding up of C4. On 18 September 2009, the winding up order was made.
The claim was brought by C1, C2 and C3 pursuant to s127 of the I...
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...
Patel v Mirza [2014] EWCA Civ 1047
November 2014 #144The appellant was a property dealer and the respondent was a foreign exchange broker, who had a personal spread-betting account with IG Index. In August 2009, a third party informed the appellant of a deal offered by the respondent that involved a bet on the movement in the value of shares in Royal Bank of Scotland (RBS). The defendant claimed to know people who sat in on meetings between the heads of RBS and officials from the government, and it was expected the Chancellor would make a public statement which would have an effect on the share price of RBS. Following an initial telephone ...
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 ...