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Rahman v Hassan & ors [2024] WTLR 1069
JUDGMENT HHJ PAUL MATTHEWS: Introduction General [1] This is my judgment on the trial of a claim for declarations relating to transactions alleged to have taken place between the claimant and the late Mr Al-Hasib Mian Muhammad Abdullah Al Mahmood (to whom I shall generally refer to as ‘the deceased’, or ‘Mr Al Mahmood’). It …
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September 30, 2024
TA v The Public Guardian [2024] WTLR 1125
JUDGMENT MRS JUSTICE LIEVEN DBE: [1] This is an appeal from a decision of HHJ McCabe sitting at Wolverhampton in the Court of Protection. It raises a discrete but important point about the duties of a person who provides a certificate under para 2(1)(e) Sch 1 of the Mental Capacity Act 2005 (‘MCA’). [2] The …
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Williams v Williams & ors [2024] WTLR 1137
JUDGMENT LORD JUSTICE NUGEE: Introduction [1] Mr Lloyd Dorian Williams, the Appellant, whom I will call ‘Dorian’, is one of the children of the late Mr Lloyd Williams (‘Mr Williams’) and his wife Catherine (‘Mrs Williams’). Mr Williams, who was born in 1921 and died in 2018 aged 97, first took on a tenancy of …
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Raveendran v Commissioners for HMRC WTLR(w) 2024-05
JUDGMENT TRIBUNAL JUDGE ALLATT: Introduction [1] The format of the hearing was via video link, with an interpreter appearing by video to interpret the Appellant’s evidence. [2] Prior notice of the hearing had been published on the gov.uk website, with information about how representatives of the media or members of the public could apply to …
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Leonard & ors v Leonard & ors WTLR(w) 2024-04
JUDGMENT MRS JUSTICE JOANNA SMITH: [1] In this case, the Claimants, Dr Jack Leonard’s children from his first marriage, invite the court to pronounce against a will signed by him at home in October 2015 (‘the 2015 Will’) without any professional supervision, and instead admit to probate an earlier will made in 2007 (‘the 2007 …
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BH v JH [2024] WTLR 391
JUDGMENT DEPUTY DISTRICT JUDGE WEERERATNE: Introduction [1] This hearing arose in the context of an application dated 6 August 2022 for a variation to a statutory will made in 2008 on behalf of P (‘current statutory will’). The application was made by his deputy, who is also his brother. P is represented by the Official …
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July 19, 2024
BH v JH (costs) [2024] WTLR 403
JUDGMENT DEPUTY DISTRICT JUDGE WEERERATNE: [1] This judgment concerns an application for costs made by the Official Solicitor (OS) acting as litigation friend for P following judgment on 10 November and an oral hearing on 6 November 2023. The two judgments should be read together. The application before the court concerned a variation to a …
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Benjamin v Benjamin & anr [2024] WTLR 411
JUDGMENT MASTER McQUAIL: Introduction [1] On 6 November I heard the claimant’s application for an order departing from the default rule in CPR 38.6(1) as to the costs consequences upon discontinuance of a claim. The claimant filed a notice of discontinuance in respect of the whole of his claim on 5 July 2023 and filed …
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Brealey v Shepherd & Co Solicitors [2024] WTLR 427
JUDGMENT SIR NICHOLAS PATTEN: [1] This is a second appeal by the defendant firm of solicitors against an order of Costs Judge Rowley dated 29 November 2021 which was made in third-party assessment proceedings brought by the claimant, Mr Peter Brealey (‘Mr Brealey’), pursuant to s71(3) of the Solicitors Act 1974 in relation to the …
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Byers & ors v Saudi National Bank [2024] WTLR 443
JUDGMENT LORD HODGE (with whom Lord Leggatt and Lord Stephens agree): [1] I am very grateful to Lord Briggs and Lord Burrows for setting out the facts and for the reasoning by which they conclude that the appeal must be dismissed. They agree that a claim in knowing receipt cannot succeed once the claimant’s proprietary …
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