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Knipe v The British Racing Drivers’ Motor Sport Charity & ors [2020] WTLR 1333
JUDGMENT HHJ PAUL MATTHEWS: Introduction [1] This is my judgment on an application by the claimant by undated notice for summary judgment under CPR Part 24, brought in a claim under CPR Part 8. The claim is not contested, but, because the claim is brought under Part 8, judgment in default is not available (r12.2), …
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March 3, 2021
Re LMS [2020] WTLR 1345
JUDGMENT DISTRICT JUDGE JOHN BECKLEY: All statutory references are to the Mental Capacity Act 2005, unless otherwise stated. [1] This is an application for an order under the Mental Capacity Act 2005 permitting the settlement of LMS’s property into a trust. [2] LMS is 21-years old. She has Sotos syndrome and associated with this is …
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Mackay v Wesley [2020] WTLR 1359
JUDGMENT MEADE J: Introduction [1] This is my judgment on the appeal by the appellant (the claimant) against the decision of Deputy Master Henderson (the master) of 18 May 2020 (the decision). References in this judgment to paragraph numbers in square brackets are references to those paragraphs in the decision unless the context otherwise indicates. …
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Re Noble [2020] WTLR 1371
JUDGMENT McBRIDE J: Application [1] The plaintiff by application dated 25 November 2015, seeks an order under the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (‘the 1979 Order’) for such reasonable financial provision as the court thinks fit to be made for her out of the estate of John Robinson Noble Deceased …
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O’Neill v Holland [2020] WTLR 1397
JUDGMENT HENDERSON LJ: Introduction [1] The central issue on this second appeal is whether the claimant and appellant, Ms Natalie O’Neill (Ms O’Neill), has established, on the basis of the facts found by District Judge Obodai (the District Judge) at a trial in 2017, that she has a 50% beneficial interest as an equitable co-owner …
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PTNZ v AS & ors [2020] WTLR 1423
JUDGMENT MASTER SHUMAN: [1] This is the first of two hearings listed to determine issues arising out of the restructuring of four family trusts and subsequent events. The claimant is a corporate trustee seeking the blessing of the court in respect of two momentous decisions made on 10 May 2017 and 29 January 2019. The …
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The Donkey Sanctuary & ors v Bacchus & ors [2020] WTLR 1447
JUDGMENT DEPUTY MASTER SMITH: [1] This is a disposal hearing of a Part 8 claim. I gave permission earlier today for this matter to be heard on an expedited basis. The disposal hearing has proceeded on the basis of the witness statements filed. There has been no cross examination. It is common ground between the …
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Webb v Webb [2020] WTLR 1461
JUDGMENT LORD KITCHIN (with whom Lord Carnwath, Lady Black and Lord Briggs agree): Introduction [1] This is an appeal in a dispute between spouses about the matrimonial property available for division between them after their relationship has come to an end. It raises many issues concerning the relevance of a tax debt incurred by the …
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Ralph v Ralph WTLR(w) 2021-04
JUDGMENT MR JUSTICE MORRIS: [1] This is an appeal against the order of HHJ Monty QC sitting at Central London County Court dated 6 January 2020 (‘the Order’). By the Order, the judge dismissed the claim of Dean Ralph (‘the Claimant’ or ‘Dean’) against David Ralph (‘the Defendant’ or ‘David’) for a declaration as to …
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February 26, 2021
Mackay v Wesley WTLR(w) 2021-03
JUDGMENT DEPUTY MASTER HENDERSON: Introduction [1] This is my judgment on a Part 7 Claim seeking an order that the appointment of the Claimant as a trustee of the Ellen Morris 1990 Settlement (‘the Settlement’) pursuant to a Deed of Appointment dated 19th March 2003 be rescinded. In the alternative, the Claimant seeks a declaration …
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