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Heslop v Heslop & anr [2022] WTLR 137
JUDGMENT DEPUTY MASTER DRAY: [1] Pearline Albertha Hylton (‘the Deceased’) was born in Jamaica on 25 December 1927. She migrated to England in or around 1948. She was domiciled in England until around 2015 when she went to live in Scotland, initially with one of her daughters, the Second Defendant who is, and has been …
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March 18, 2022
Higgins v Morgan & ors [2022] WTLR 153
JUDGMENT: HHJ MARK CAWSON QC: Introduction [1] This is a claim brought by the Claimant, Barrie Richard Marc Higgins (Mr Higgins), under the Inheritance (Provision for Family and Dependents) Act 1975 (the 1975 Act). Mr Higgins brings the claim as a person falling within s1(1)(d) of the 1975 Act, that is as a person who, …
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Hirachand v Hirachand & anr [2021] WTLR 185
JUDGMENT KING LJ: [1] This is an appeal against an order made by Cohen J on 7 May 2020 in proceedings brought by Sheila Hirachand (the Respondent) for provision from the estate of Navinchandra Hirachand (the Deceased) under the Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act). The Respondent is the estranged …
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JTC Employer Ser Trustees Ltd v Khadem [2022] WTLR 203
JUDGMENT HHJ JARMAN QC: Introduction [1] The claimant is the trustee of the Inmarsat Employment Company (Ramin Khadem) Pension Plan (the plan). It seeks rescission, on the grounds of mistake, of the defendant Mr Khadem’s entitlement of a sum (the sum) of over £6m under an escrow agreement (the agreement) made between him and the …
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Kambli v AR & anr [2022] WTLR 221
JUDGMENT HHJ HILDER: The numbers in round brackets refer to pages of the hearing bundle. The issues [1] The background to this matter is set out in a judgment published at [2019] EWCOP 15. [2] The earlier proceedings concluded with the appointment of Sunil Kambli (‘the Deputy’) as property and affairs deputy for MBR. The …
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Kaur v Bolina & anr [2022] WTLR 235
JUDGMENT COBB J: [1] A preliminary issue has arisen within proceedings brought under the Inheritance (Provision for Family and Dependants) Act 1975 (‘the 1975 Act’). The Claimant, Mrs Kaur, seeks an order that the period prescribed by s4 of the 1975 Act for the making of an application for an order under s2 (ibid.) (ie, …
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Re P [2022] WTLR 251
JUDGMENT POOLE J: [1] On 12 November 2021 I heard from D who acts as Litigation Friend for her son, C, in a claim for a declaration under the Presumption of Death Act 2013 that her son’s father, P, is presumed to be dead. This judgment sets out the reasons why I have made the …
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Partington v Rossiter [2022] WTLR 257
JUDGMENT LORD JUSTICE LEWISON: Introduction [1] Mr Nicholas Rossiter died on 20 July 2018. At the date of his death he was domiciled in Russia, where Mrs Rossiter his widow lives, and where he had assets. Clause 1 of his will dated 13 June 2013 stated: ‘I confirm that this will only has effect in …
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Rowland v Blades [2022] WTLR 269
JUDGMENT HHJ JARMAN QC: [1] Dr Christopher Rowland appeals, with permission granted by Michael Green J, against the judgment of Deputy Master Hansen, concerning the amount his former partner, Ms Sharon Blades, should pay for having excluded him from the use of a jointly-owned weekend home from November 2009 to October 2015. The master awarded …
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Sismey v Salandron [2022] WTLR 281
JUDGMENT HHJ EMMA KELLY: [1] These two linked claims concern the estate of David John Sismey (‘the Deceased’). By claim PT-2020-BHM-000090, Mr Thomas Sismey, the Deceased’s adult son, seeks specific performance of an agreement within a deed of covenant dated 3 February 2017 (‘the Deed of Covenant’) by which the Deceased agreed to settle by …
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