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LCR v SC & ors [2021] WTLR 229
JUDGMENT HHJ SARAH RICHARDSON: Introduction [1] These proceedings concern KC (the Fourth Respondent), who is 85 years of age. KC has a diagnosis of Alzheimer’s Dementia and a consequent moderate degree of cognitive impairment. KC currently resides with her daughter, the Applicant in these proceedings (‘LCR’) and LCR’s husband and has done so since 24 …
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May 18, 2021
Manton & ors v Manton [2021] WTLR 245
JUDGMENT HHJ DAVID COOKE: Introduction [1] In this Part 8 claim, the claimants seek an order that the defendant be removed as a trustee of the Warren Manton Children’s Settlement (the Trust). All the parties are members of one family and have with their agreement been referred to throughout the proceedings by their first names …
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Oberman v Collins & anr [2021] WTLR 267
JUDGMENT TOM LEECH QC: Introduction [1] In this judgment I will refer to the Claimant as ‘Ms Oberman’, the First Defendant as ‘Mr Collins’ and the Second Defendant as ‘Bluegen’. It follows the trial of consolidated proceedings brought by Ms Oberman for a declaration that she is beneficially entitled to 50% of a number of …
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Re P [2021] WTLR 335
JUDGMENT HHJ HILDER: The numbers in square brackets and bold typeface refer to pages of the hearing bundle. I. The Issue [1] M and H have jointly made an application for authority to execute a statutory will on behalf of P. Within that application they seek orders to dispense with any requirement to serve X, …
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Schumacher v Clarke & ors [2021] WTLR 353
JUDGMENT CHIEF MASTER MARSH: [1] I am giving this judgment part way through a hearing today at which the court is being asked to do two things. First, as an initial step, on the basis of a complete surrender of discretion on the third ground set out in Public Trustee v Cooper [2001] WTLR 901, …
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Schumacher v Clarke & ors [2021] WTLR 361
JUDGMENT CHIEF MASTER MARSH: [1] On 31 March 2016, Dame Zaha Hadid died at the age of 65. She was and remains an architect of world renown. It is now over four and a half years since her death and, sadly, due to major differences between her executors and trustees, the administration of her estate …
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Weisz v Weisz & ors [2021] WTLR 379
JUDGMENT FRANCIS J: [1] The claimant in these proceedings is Sarah Weisz, who married the deceased on 19th April 2005. It was for both of them a second marriage. [2] The application which is before me today relates to an application issued by the claimant on 5th July this year for interim provision pursuant to …
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Y & anr v C & ors [2021] WTLR 391
JUDGMENT MANN J: Introduction [1] This is an appeal from a judgment of HHJ Parfitt delivered on 15 October 2019. The judgment deals with the disputed costs issues arising out of his previous decision of 15 February 2019 in which he decided proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 in favour …
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Wills & anr v Sowray WTLR(w) 2021-07
JUDGMENT HHJ MARK RAESIDE QC: Introduction [1] This case is brought by two brothers Matthew Wills and James Wills as the First and Second Claimants (‘Matthew’) and (‘James’), who seek equitable relief under the principles of proprietary estoppel in respect of a farm known as Gilmoor Farm, Bishop Thornton, near Harrogate (‘Gilmoor Farm’), owned until …
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Hinduja v Hinduja & ors WTLR(w) 2021-06
JUDGMENT MRS JUSTICE FALK: [1] This is my decision on applications heard in private pursuant to an order made by Morgan J on 12 December 2019. The applications comprise an application by the First Defendant made on 6 December 2019 seeking derogations from the open justice principle (the ‘Privacy Application’) and an application by the …
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