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Re Cadogan [2021] WTLR 411
JUDGMENT HHJ KLEIN: [1] Veronica Cadogan (‘Mrs Cadogan’) died, aged 76, on 3 September 2011. She left alive 5 children; the Claimant (‘Kirsty’), the First Defendant (‘Kevin’), the Second Defendant (‘Kathrin’), the Third Defendant (‘Justin’) and Paul Cadogan, who died on 29 August 2014 (‘Paul’).1 [2] Mrs Cadogan died leaving a will dated 27 May …
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July 20, 2021
Chekov v Fryer & anr [2021] WTLR 441
JUDGMENT DEPUTY MASTER MATTHEWS: [1] This is an application by notice (which is undated, but which was sealed on 13 January 2015), whereby the Defendants seek an order under CPR r3.4 that the Applicant’s claim may be struck out on the basis: ‘(1) That the statement of case discloses no reasonable grounds for bringing the …
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Re Clitheroe [2021] WTLR 449
JUDGMENT FALK J: Introduction [1] This is an appeal against a decision of Deputy Master Linwood on 21 May 2020 in a bitter probate dispute (the ‘Decision’). By the Decision the Deputy Master refused to admit to probate two wills executed by the deceased, Mrs Jean Mary Clitheroe, on 21 May 2010 and 3 December …
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Davey & anr v Bailey & ors [2021] WTLR 487
JUDGMENT HHJ JARMAN QC: [1] These proceedings concern the proper distribution of the estates of a devoted married couple, Alan and Margaret Bailey, who each died at the age of 71 within months of each other in 2019. They had no children. Each left a will dated 28 May 2009 in which each appointed the …
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Delaforte v Flood & anr [2021] WTLR 499
JUDGMENT HHJ JOHNS QC: [1] Lynsey Tallulah Lena Louise Delaforte (‘Lynsey’) is the granddaughter of Mrs Joan Dorothy Flood who died on 27 April 2016. Lynsey brings this claim for reasonable financial provision out of Mrs Flood’s estate. The defendants are Mrs Flood’s children, being Lynsey’s uncle, Paul Edward Flood, and her mother, Annette Elizabeth …
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Eade v Hogg & ors [2021] WTLR 507
JUDGMENT DEPUTY MASTER LINWOOD: Introduction [1] This is, at its simplest, a claim to rectify or construe a will by replacing the word ‘both’ with ‘each’. My determination of that will have financial consequences for most of the parties. Mr Michael Nodes (‘the Deceased’ or ‘Mr Nodes’) made a will dated 22 October 2015 (‘the …
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Howe & anr v Gossop & anr [2021] WTLR 539
JUDGMENT MR JUSTICE SNOWDEN: [1] This appeal concerns the requirements for a proprietary estoppel and the relationship between such requirements and the provisions of s2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 (s2). [2] Section 2 provides, in material part, ‘A contract for the sale or other disposition of an interest in land …
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Interactive Technology Corporation Ltd v Ferster [2021] WTLR 561
JUDGMENT DAVID RICHARDS LJ: [1] This appeal concerns the meaning and effect of an order for the assessment of equitable compensation made by Morgan J following the trial of claims for breach of fiduciary duty. The claims were made by the appellant company (ITC) against a former director, the respondent Jonathan Ferster. The respondent has …
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J & anr v S & ors [2021] WTLR 569
JUDGMENT MASTER TEVERSON: [1] This is a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (‘the 1975 Act‘). As the claimants were both children under the age of 18 when the claim was issued, and one claimant is still at school, I consider it appropriate to anonymise the names of the parties …
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Re J C Druce Settlement [2021] WTLR 597
JUDGMENT HHJ KEYSER QC: [1] This claim is brought by the claimants as trustees of the JC Druce Settlement (the Settlement). On 28 October 2019, Deputy Master Linwood gave permission for the issue of the Part 8 claim form without naming defendants, and there are no parties other than the claimants. On 31 October 2019, …
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