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Prickly Bay Waterside Ltd v British American Insurance Company Ltd [2022] WTLR 1115
JUDGMENT LADY ARDEN: The issue on this appeal concerns a trust for a specified purpose [1] Trusts for the transfer of money or other property for a specified purpose, in this appeal for the payment of debts, may arise where, for instance, one person, A, establishes a trust for the payment of the debts of …
September 14, 2022
The Public Guardian v RI & ors [2022] WTLR 1133
JUDGMENT POOLE J: [1] The sole question which this judgment addresses is whether the donor under a Lasting Power of Attorney for Property and Financial Affairs (LPA) executed in 2009 had capacity to execute it. I understand that although it is not uncommon for the courts to determine past capacity to execute an LPA, there …
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Whittle v Whittle & anr [2022] WTLR 1153
JUDGMENT DISTRICT JUDGE WOODBURN: [1] The Claimant (‘C’) in this case is the brother of the First Defendant (‘D1’). The Second Defendant (‘D2’) is the partner of D1. C is married to Julie and, together, they have two adult sons. [2] The Defendants are, jointly, the executors of the Will of Gerald Arthur Whittle (‘Gerald’), …
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Re X Foundation Trust [2022] WTLR 1165
JUDGMENT CHARLES J: Introduction [1] Pursuant to s77(1) of the Trustee Act, 1998 (‘the Act’), Cititrust (Bahamas) Limited (‘the Trustee’) seeks the Court’s ‘opinion, advice and/or directions’ in relation to certain matters to ensure the orderly and safe administration of the X Foundation Trust (‘the Trust’) pending the determination of two sets of proceedings before …
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Rea & ors v Rea WTLR(w) 2022-06
JUDGMENT LORD JUSTICE SNOWDEN: [1] This is a second appeal against a decision of Deputy Master Arkush (the ‘Deputy Master’) given on 13 September 2019 after a two-and-a-half day trial. The Deputy Master admitted to probate the will of Anna Rea (‘Mrs. Rea’) made on 7 December 2015 (the ‘2015 Will’). The parties to the …
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Morton v Morton & anr WTLR(w) 2022-05
JUDGMENT HHJ HALLIWELL: (1) Introduction [1] This judgment follows the trial of proceedings between two siblings after the death of their mother, the late Jennifer Ruth Morton (‘Jennifer’). The proceedings relate to the ownership of some properties and the dissolution of a family partnership. [2] The Claimant, Julie Anne Morton (‘Julie’), sues as executrix of …
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September 13, 2022
Re B [2022] WTLR 409
JUDGMENT PEEL J: Introduction [1] I am concerned with an application relating to the exercise of parental responsibility under the Children Act 1989 in relation to the property of a minor (to whom I shall refer as ‘B’). [2] I gave judgment on an application of the same type on 11 December 2020 in Re …
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June 24, 2022
Bracey v Curley & anr [2022] WTLR 419
JUDGMENT PHILIP MOTT QC: [1] Alan George Bracey (‘the Testator’) died on 27 May 2018. Probate was granted to the Second Defendant on 16 March 2020 in relation to his Will dated 31 July 2015 (‘the Will’). This action involves a dispute between his son, the Claimant, and his daughter, the First Defendant, about that …
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Byers & ors v The Saudi National Bank [2022] WTLR 437
JUDGMENT LORD JUSTICE NEWEY: [1] This is the judgment of the Court. All three of us have contributed to it. [2] The appeal is brought by the claimants against the dismissal by Fancourt J (‘the Judge’), in a judgment dated 15 January 2021, of their claim for knowing receipt. The appeal raises issues as to, …
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Chandler v Lombardi [2022] WTLR 487
JUDGMENT JASON BEER QC: A. Introduction [1] This is a claim for (i) a declaration that the transfer on 4 June 2018 of 34 Mallaby Close, Shirley, Solihull, B90 2PW (the Property) into the joint names of Concetta Chandler and Janet Lombardi, as tenants in common and in equal shares, was void; and (ii) accordingly, …
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