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Allen v Webster [2024] WTLR 775


JUDGMENT HHJ MARCUS SMITH: A. Introduction [1] By an order dated 13 March 2023 (the ‘Order’), Recorder Maguire (the ‘Judge’), sitting at the County Court at Central London, declared that the property known as at situate at Tyndale Villas, Sartar Road, Nunhead, London SE15 3BB (the ‘Property’) was held by the Appellant and Respondent upon …

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September 30, 2024


Biria v Biria & ors [2024] WTLR 785


JUDGMENT DEPUTY MASTER BOWLES: [1] Abdul Razagh Biria (Mr Biria) died on 21 January 2022. He was 97 years of age. He had been born in Iraq and had lived in England since about 1980. On 1 May 2020, when he was 95 years of age, he, purportedly, executed a will (the will). [2] At …

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CL v Swansea Bay University Health Board & ors [2024] WTLR 813


JUDGMENT MRS JUSTICE THEIS DBE: Introduction [1] The court is concerned with the appeal by CL from the order of HHJ Porter-Bryant dated 6 December 2023 (Swansea Bay University Health Board v P & Ors [2023] EWCOP 67) that discharged a previous order appointing CL as LL’s deputy for personal welfare. CL is LL’s mother. …

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Dryden v Young & ors [2024] WTLR 843


JUDGMENT HHJ DAVIS-WHITE KC: Introduction [1] In these Part 8 proceedings I am asked to determine the true construction of certain gifts of residue in a will. The will is dated 26 May 2016 (the ‘Will’). It is the last will and testament of Marjorie Robinson Thompson (the ‘Deceased’). She died on 9 April 2020. …

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The Estate of Nafisa Hasan v Digit Ltd & anr [2024] WTLR 883


JUDGMENT MR HUGH SIMS KC: [1] This is my judgment following the trial of the following preliminary issues: (i) Whether Nafisa Hasan had a beneficial interest in Flat 13, 42 Upper Berkeley Street, London W1H 5QL (the property); and (ii) If Nafisa Hasan had a beneficial interest in the property: (a) What interest she had; …

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Gowing & ors v Ward & anr [2024] WTLR 901


JUDGMENT MASTER BRIGHTWELL: [1] This claim concerns the testamentary dispositions of Frederick Ward (‘Fred’), who died on 17 February 2020 at the age of 91. He had three children, Fred (who predeceased him on 2 September 2015) (‘Fred Junior’), and the two defendants, whom I will refer to as Terence and Susan. Fred Junior had …

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Irwin Mitchell Trust Corporation v PW & anr [2024] WTLR 943


JUDGMENT HHJ HILDER: The numbers in square brackets and italic typeface refer to pages of the hearing bundle. A. The issue [1] Irwin Mitchell Trust Corporation (IMTC) is appointed as property and affairs deputy for PW. In that capacity, IMTC appointed Irwin Mitchell Asset Management (IMAM) to manage the investment of PW’s funds. The issue …

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Kettridge v Adams & ors [2024] WTLR 979


JUDGMENT HHJ TINDAL: Introduction [1] We are all here because three years ago on Monday this week – on 19th February 2021 – Julie Adams – Julie as I shall call her – died tragically early at the age of only 54 from a cancer which she had been fighting for almost three years and …

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Lonsdale & ors v Wedlake Bell LLP & ors [2024] WTLR 1007


JUDGMENT MR JUSTICE MARTIN SPENCER: [1] By their application dated 12th May 2023, the First and Third Defendants seek to strike out the claim, alternatively they apply for summary judgment. [2] The claim arises out of admitted negligence on the part of solicitors instructed principally by the First Claimant, Mr James Lonsdale, in relation to …

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PSG Trust Corporation Ltd v CK & anr [2024] WTLR 1051


JUDGMENT MR JUSTICE HAYDEN: [1] These linked cases raise an important point. How should a Property and Affairs Deputy approach the issue of whether to inform P of the value of their civil litigation settlement? I am told, on behalf of the Applicant, PSG Trust Corporation Limited, the Deputy appointed for both CK and NJ, …

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