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Kelly v Brennan & ors [2021] WTLR 613
JUDGMENT MASTER SHUMAN: [1] This is a claim for rectification of the will of Patrick Joseph Kelly (‘the deceased’) dated 5 July 2010 (‘the 2010 will’). It is made pursuant to s20(1)(a) of the Administration of Justice Act 1982 (‘the 1982 Act’). As six months has expired between the claimant being granted probate on 7 …
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July 20, 2021
Khan v Mahmood [2021] WTLR 639
JUDGMENT MARCUS SMITH J: A. Introduction [1] By an order dated 17 July 2020 and sealed on 7 August 2020 (the Order), District Judge Shorthose declared that: ‘The Claimant and the Defendant are the joint legal proprietors of 1 Moor Park Drive, Bradford Moor, West Yorkshire, BD3 7ER (the Property1), which they hold on trust …
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Rehman v Hamid [2021] WTLR 663
JUDGMENT MASTER SHUMAN: [1] The issue at the heart of this claim is whether the will of Mrs Ali, the deceased, dated 17 November 2017 and made in Pakistan (the 2017 will), is valid and whether that issue should be determined in Pakistan or England. The 2017 will was a radical departure from an earlier …
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Rittson-Thomas & ors v Oxfordshire County Council [2021] WTLR 679
JUDGMENT LADY ARDEN AND LORD BURROWS: (with whom Lord Lloyd-Jones, Lord Sales and Lord Stephens agree) 1. The provision of sites under the School Sites Act 1841 and the issue in this appeal [1] Few would have predicted that the School Sites Act 1841 (the 1841 Act), the statute at the heart of this appeal, …
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The British University in Dubai v Ebrahimi [2021] WTLR 703
JUDGMENT HHJ DAVIS-WHITE QC: Introduction [1] The issue before me is a simple one of fact: did two individuals validly attest (or for present purposes witness) the will of the late Professor Robert Whalley dated 3 May 2018 (the ‘2018 Will’) on the 3 May 2018 in accordance with s9 of the Wills Act? If …
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Ware v Ware [2021] WTLR 725
JUDGMENT MASTER CLARK: [1] This is an application by Pt 8 claim dated 8 September 2020 seeking rectification, alternatively rescission, of two deeds of appointment dated 1 July 2013 (‘the 2013 Deeds’) made by the claimant and the defendant as trustees of two will trusts (‘the Trusts’) created by a deed of variation dated 4 …
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Womble Bond Dickinson (Trust Corporation) Ltd & ors v Glenn & ors [2021] WTLR 737
JUDGMENT MASTER CLARK: [1] This is an application by Pt 8 claim form dated 8 July 2020 by the trustees (‘the Trustees’) of a trust created by a settlement dated 6 March 1992 (‘the Trust Deed’). They seek directions as to whether they can advance capital to certain beneficiaries pursuant to their power under s32 …
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Wooldridge v Wooldridge & ors [2021] WTLR 755
JUDGMENT HHJ WALDEN-SMITH: Introduction [1] This is a claim brought pursuant to the provisions of the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) by the deceased’s wife, Thandi Stratford Wooldridge (Thandi). She brought this claim on 20 August 2012. She contends that the deceased’s Will fails to make reasonable financial provision …
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Wooldridge v Wooldridge & ors (costs) [2021] WTLR 777
The main judgment for this case is available here. JUDGMENT (COSTS) HHJ WALDEN-SMITH: [1] I have received submissions on costs from the Claimant, the Fourth Defendant and the Fifth Defendant. I must first apologise for the delay in providing this judgment. This has been due to various judicial commitments. [2] Having considered with care the …
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July 19, 2021
Rokkan v Rokkan & anr WTLR(w) 2021-10
JUDGMENT MR JUSTICE MILES Introduction [1] In 1950 Elizabeth Rokkan, who had grown up in Wales, married Stein Rokkan, a Norwegian national. They moved to Norway in 1952 and lived there together for their whole married life. They had two children, Siriol Rokkan (the first defendant) and Per Rokkan (the claimant). [2] Stein Rokkan died …
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