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Fullard v Kershaw & ors [2022] WTLR 1323


JUDGMENT MASTER PESTER: Introduction [1] The only issue before me today is a dispute about costs. These proceedings relate to the estate of Richard Stephen Fullard, ‘The Testator’. He died on 4th April 2020. He died testate, leaving a will dated 20th June 2019. The key provisions of the will are he appoints as executors, …

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December 14, 2022


Ingham & anr v Wardman & ors [2022] WTLR 1337


JUDGMENT BELL JA: Introduction [1] This appeal arises from a ruling made by Subair Williams J dated 16 September 2021, in which she set aside a privacy order (the Privacy Order) which she had previously made on an ex parte basis. The judge had made the ex parte order without having been informed that the …

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Laird v Simcock & ors [2022] WTLR 1351


JUDGMENT MASTER CLARK: Introduction [1] This is my judgment on a Part 8 claim dated 8 September 2020 seeking rectification of a deed of appointment dated 31 December 2019 (‘the Deed’) made by the claimant and the first defendant (together ‘the trustees’), as executors and trustees of a will trust (‘the Trust’) created by the …

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Laird v Simcock & ors (costs) [2022] WTLR 1365


JUDGMENT MASTER CLARK: Introduction [1] This is my judgment on the costs of this claim to rectify a deed of appointment dated 31 December 2019 (‘the Deed’), following my judgment on 27 July 2022, in which I dismissed the claim: [2022] EWHC 1865 (Ch) (‘the main judgment’). Parties’ positions Claimant [2] The claimant’s position is …

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Re McEnroe [2022] WTLR 1377


JUDGMENT MS JUSTICE NÍ RAIFEARTAIGH: [1] This is a case in which the question is whether a will which was executed by Ms. McEnroe, the testatrix, should be admitted to probate in circumstances where it has on its face a number of unexecuted alterations. These alterations consist of two obliterations and one interlineation. More particularly, …

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Re Piedmont Trust and Riviera Trust [2022] WTLR 1403


JUDGMENT SIR MICHAEL BIRT: [1] This is an application by the Representors as trustees of two trusts for the approval of the Court of their decision to appoint all the assets of the trusts amongst the beneficiaries in specified proportions. Although all the beneficiaries are agreed that the trusts should be terminated, there is disagreement …

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Pile v Pile [2022] WTLR 1445


JUDGMENT ZACAROLI J: [1] This appeal raises the question whether one of two brothers, being joint tenants of a periodic tenancy, can be restrained from serving a notice to quit, in order to acquire a new lease for himself, on the basis that to do so would constitute a breach of trust (as between the …

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Power v Bernard Hastie & Co Ltd & ors [2022] WTLR 1459


JUDGMENT JOHNSON J: [1] This application raises the question whether the estate of a deceased claimant can take advantage of that claimant’s right, under a provisional damages order (PDO), to ask the court to award further damages on the ground that he developed a condition or disease that was specified in the order. [2] The …

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Rawlinson & Hunter Trustees SA v Chiddicks & ors [2022] WTLR 1475


JUDGMENT LOGAN MARTIN JA: Introduction [1] This is an appeal against three judgments given after hearings in the Royal Court before the Commissioner (J A Clyde-Smith) sitting alone. The Commissioner sat principally to consider a point of law which is in dispute between Equity Trust (Jersey) Limited, the third respondent and the appellant in this …

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Reeves v Drew & ors (costs) [2022] WTLR 1549


JUDGMENT MR JUSTICE MICHAEL GREEN: [1] I handed down judgment in this matter on 31 January 2022, following the trial which took place in November 2021. My long judgment has neutral citation number [2022] EWHC 159 (Ch). I will adopt the same abbreviations and definitions as in that judgment, and again no disrespect is intended …

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