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Goodwin v Avison & ors WTLR(w) 2022-04
JUDGMENT HHJ DAVIS-WHITE QC: [1] This is my judgment setting out the reasons for the making of a costs order on 17 August 2021 as regards the incidence of costs in this case. This followed the defendants having consented to the relief sought by the claimant part way through the trial and, on the basis …
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June 24, 2022
Crown Prosecution Service v Aquila Advisory Ltd WTLR(w) 2022-03
JUDGMENT LORD STEPHENS (with whom Lord Lloyd-Jones, Lord Sales, Lord Burrows and Lady Rose agree): Introduction and overview [1] Mr Robert Faichney and Mr David Perrin exploited their position as directors of Vantis Tax Ltd (‘VTL’), in breach of fiduciary duty, to make a secret profit of £4.55m. Aquila Advisory Ltd (‘Aquila’), which has acquired …
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Boothman & ors v Horsford & anr [2022] WTLR 1
JUDGMENT MASTER PESTER: [1] I have before me an application dated 20 August 2020 by a Part 8 claim form. The claimants are four sisters, the defendants are firstly, the older sister of the family, Avril, and the party’s brother, Lauren. The application seeks the removal of the defendants as executors of the estate of …
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March 18, 2022
Brealey v Shepherd & Co [2022] WTLR 17
JUDGMENT COSTS JUDGE ROWLEY: Introduction [1] The detailed assessment hearing on 3 February 2021 was adjourned by me until 10 May 2021 so that the parties could consider the effect, if any, of the Court of Appeal decision of Tim Martin Interiors Ltd v Akin Gump LLP [2011] EWCA Civ 1574 (‘Tim Martin’) on the …
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Brealey v Shepherd & Co (2) [2022] WTLR 27
JUDGMENT COSTS JUDGE ROWLEY: [1] These proceedings concern a beneficiary’s challenge to the legal costs incurred in the administration of the estate of his late mother. A detailed assessment hearing was listed on 3 February 2021 and further hearings have taken place on 10 May 2021 and 4 October 2021. This is my second reserved …
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Brookman & anr v Potts & anr [2022] WTLR 37
JUDGMENT HHJ DAVIS-WHITE QC: [1] This is my judgment following the hearing of the CPR part 8 claim form issued on 25 January 2021. In its terms the claim form seeks the removal of the defendants as trustees and executors of the will of Arthur Brookman (the ‘Deceased’) and the appointment of the claimants in …
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Brown v New Quadrant Trust Corporation Ltd & anr [2022] WTLR 49
JUDGMENT MRS JUSTICE BACON: [1] This hearing concerns a dispute between Mark Brown, who is the main beneficiary under two trusts appointed out of the estate of his late father, and New Quadrant, which is a professional trust corporation and the current sole trustee of both of those trusts. Arlene Brown is the other beneficiary …
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Da Silva v Heselton & ors [2022] WTLR 67
JUDGMENT DAVID REES QC: [1] The general rule is that the role of a trustee or executor is a gratuitous one (Lewin on Trusts 20th ed 2020 para 20-001). However, there are a number of well-recognised exceptions to this principle, and a trustee is entitled to payment for their services if such remuneration is permitted …
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Dunsby v HMRC [2022] WTLR 81
JUDGMENT MRS JUSTICE BACON DBE AND JUDGE TIMOTHY HERRINGTON: Introduction [1] Mark Dunsby (‘Mr Dunsby’) appeals against a decision by the First-tier Tribunal (‘FTT’) (Judge Ashley Greenbank) released on 24 June 2020 and amended on 21 August 2020 (‘the Decision’). The FTT dismissed Mr Dunsby’s appeal against an amendment to his tax return for the …
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Equiom (Isle of Man) Ltd & ors v Velarde & ors [2022] WTLR 109
JUDGMENT MR ASHLEY GREENBANK: Introduction [1] This appeal is against a decision of Deputy Master Dray dated 15 June 2021 (the ‘Decision’). It is reported with neutral citation number [2021] EWHC 1528 (Ch). [2] In that decision, Deputy Master Dray decided that a provision of the will of Mrs Patricia Moores dated 12 November 2007 …
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