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F v R [2023] WTLR 137


The numbers in square brackets refer to pages in the hearing bundle. JUDGMENT HHJ HILDER: [1] The Court is today concerned with the best interest of R, now in his 30s. He has a life-long, very significant disability. Capacity in this matter is not in issue. A capacity assessment has been filed [20]. The parties …

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March 28, 2023


Grand View Private Trust Co Ltd & ors v Wong & anr [2023] WTLR 149


JUDGMENT LORD RICHARDS: Introduction [1] It is a fundamental principle of equity that a fiduciary power may be exercised only for a purpose for which the power has been conferred. The main issue on this appeal is whether the trustee of a settlement exercised for a proper purpose an express power contained in the trust …

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Hopes & anr v Burton & ors [2023] WTLR 187


JUDGMENT MASTER CLARK: Introduction [1] This is a Part 8 claim seeking to set aside two deeds of appointment, dated 31 May 2013 (the 2013 Appointment) and 22 July 2014 (the 2014 Appointment) made by the trustees of a trust (the Trust) created by a declaration of trust made by Hilary Marsden (formerly known as …

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Hudson v Hathway [2023] WTLR 207


JUDGMENT LORD JUSTICE LEWISON: Introduction and issues [1] Kerr J, from whom this appeal is brought, framed the original issues accurately and concisely on the first appeal from HHJ Ralton: ‘This is an appeal in a case about equitable ownership of a family home purchased in joint names, initially with equal ownership rights, where the …

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Kelly-Lambo v Lambo [2023] WTLR 255


JUDGMENT CHARLES MORRISON (sitting as a deputy judge of the High Court): Introduction [1] The proceedings commenced in this court in February 2021 by Mrs Patricia Lambo, as I will in this judgment refer to her, came before me for trial on 5 October. The hearing continued into the next day. The substance of the …

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McLean & ors v McLean [2023] WTLR 267


JUDGMENT MR RECORDER ROBERTSON: Introduction [1] This is my judgment following the trial of a claim brought by Mr Ian McLean, Mr Sean McLean and Ms Lorraine Pomroy against Mr Brett McLean. I intend no disrespect to any of the parties or the testators, but due to the fact that they all (save for Ms …

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Morley v Morley & anr [2023] WTLR 299


JUDGMENT HHJ MONTY KC: Introduction [1] In 2007, the Claimant gave her father £150,000 which was used towards the purchase of a house which he was buying jointly with his new partner (who later became his second wife). The Claimant’s case is that her father promised her that she (and her brother) would have an …

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SwissIndependent Trustees SA v Sofer & ors [2023] WTLR 329


JUDGMENT HHJ PAUL MATTHEWS: Introduction [1] These are the reasons for my decision on the trial of the first part of a Part 8 claim, dealing with an issue of construction of certain trust instruments expressed to be governed by English law. The claimant is the sole trustee of all the trusts from inception, and …

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Velutini Perez v Equiom Trust Corporation (UK) Ltd & anr [2023] WTLR 349


JUDGMENT MASTER KAYE: [1] Belen Clarisa Velutini Perez (‘Ms Velutini’ or ‘the claimant’) is 98 years old and wealthy. She has no children, no immediate family, and is unmarried. She has health, sight and mobility issues. [2] Her wealth and her family’s wealth derive from the Velutini family’s involvement in Venezuelan banking which dates back …

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Procter v Procter & ors WTLR(w) 2023-01


JUDGMENT HHJ DAVIS-WHITE QC: [1] This judgment is structured as follows: Paragraph number Structure of Judgment 1 Introduction and Representation 2 Relevant procedural directions following the First Judgment 18 The main areas of dispute to be determined by this judgment 27 Main Issue 1: Title to the land which was originally held by Grandfather and …

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