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Dunbabin & ors v Dunbabin [2022] WTLR 917
JUDGMENT HHJ PAUL MATTHEWS: Introduction [1] This is my judgment on a claim brought under part 8 of the Civil Procedure Rules in relation to issues which have arisen in the administration of the estates of Angela and John Dunbabin. The claim form was issued on 18 June 2021, supported by a witness statement from …
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September 14, 2022
Dunbabin & ors v Dunbabin (costs) [2022] WTLR 935
JUDGMENT HHJ PAUL MATTHEWS: [1] On 10 February 2022 I handed down my written judgment on this claim brought under part 8 of the Civil Procedure Rules in relation to issues which had arisen in the administration of the estates of Angela and John Dunbabin. The main issue related to the beneficial interests in the …
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Gavriel & anr v Davis [2022] WTLR 943
JUDGMENT CHIEF MASTER MARSH: [1] This is my judgment following the disposal hearing of this Part 8 claim which concerns the estate of Charalambos Tryfon Gavriel who died on 25 May 2016. He left a will dated 8 July 2012. The will is simple. He left his entire estate to his two sons, Nicholas and …
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Harley v Harley [2022] WTLR 953
JUDGMENT SHERRIFF GILLIAN A WADE QC: The Sheriff having resumed consideration of the cause, sustains the defender’s first and second pleas in law, repels the pursuer’s first plea in law and dismisses the action appoints parties to be heard on all questions of expenses and assigns 6 April 2022 as a diet therefore. Procedural background …
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Hudson v Hathway [2022] WTLR 973
JUDGMENT MR JUSTICE KERR: Introduction and Summary [1] 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 unmarried parties later separate. Must a party claiming a subsequent increase in her equitable share necessarily have acted to her detriment? Or …
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Hughes v Pritchard & ors [2022] WTLR 993
JUDGMENT LADY JUSTICE ASPLIN: [1] This appeal raises some important issues about the proper weight to be given to the drafting solicitor’s evidence and a medical practitioner’s assessment of a testator’s testamentary capacity and the tasks which they need to undertake. [2] The issues arise as a result of an order dated 11 June 2021, …
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Jennison & anr v Jennison [2022] WTLR 1027
JUDGMENT HHJ PEARCE: Introduction [1] This is my judgment on an appeal from a decision of District Judge Carter handed down on 8 October 2020. It follows the hearing of oral submissions on 7 March 2022. Throughout this judgment, I shall retain the description of the parties at first instance as ‘Defendants’ and ‘Claimant’ rather …
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Orb A.R.L & ors v Ruhan & ors [2022] WTLR 1049
JUDGMENT COOKE J: The claimants’ applications [1] The claimants seek permission to amend the Claim Form and Particulars of Claim and to add four further defendants in addition to the original defendant Mr Ruhan. They further seek permission to serve the prospective second-fifth defendants out of the jurisdiction and a proprietary injunction against those defendants …
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Pangou v Nzoulou [2022] WTLR 1093
JUDGMENT CHIEF MASTER SHUMAN: [1] On 3 June 2021, Augel Pangou died at his home at 19 Stanhope Road, Swanscombe, Kent. The cause of death was sudden adult death syndrome. He was only 45 years old, having been born in Brazzaville, Congo on 28 April 1976. He left his partner of 13 years, Rina Nzoulou, …
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Parsons & anr v Reid & anr [2022] WTLR 1103
JUDGMENT MASTER CLARK: [1] This judgment deals with two points of principle which arose in the directions hearing in this claim: (1) whether the court has jurisdiction under CPR Pt 64 to make a so-called ‘put up or shut up order’ in respect of an intimated breach of trust claim; (2) if so, the nature …
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