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FL v MJL [2019] WTLR 1171
JUDGMENT DISTRICT JUDGE SARAH ELLINGTON: The issue for determination [1] This is an application for (i) ratification of gifts previously made on behalf of MJL; and (ii) authority to make prospective gifts on behalf of MJL, pursuant to section 18 (1) (b) of the Mental Capacity Act 2005 ( ‘MCA 2005 ‘). [2] FL the …
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December 17, 2019
PBC v JMA & ors [2019] WTLR 1193
JUDGMENT HILDER SJ: The issue for determination [1] PBC is the son of JMA, and was appointed as her sole attorney for property and affairs by a Lasting Power of Attorney (LPA) executed on 5 August 2010 and registered by the Public Guardian on 16 December 2010. He seeks the authority of the court to make from JMA ‘s …
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Payne & anr v Tyler & anr [2019] WTLR 1221
JUDGMENT MASTER CLARK: [1] This is a part 8 claim seeking to rescind, on the grounds of mistake, a deed of appointment dated 6 April 2012 (“the DoA”) in favour of Sally Elizabeth Alston, who died on 8 November 2016. Parties and the background [2] The claimants are the trustees of a discretionary settlement created …
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Rea v Rea & ors [2019] WTLR 1231
JUDGMENT DEPUTY MASTER ARKUSH: These proceedings [1] The parties in this probate claim are the children of Anna Rea (“Mrs Rea”) who died on 26 July 2016 aged 85. Mrs Rea’s daughter as claimant seeks to establish the will dated 7 December 2015 (“the 2015 Will”) of her mother and asks for a grant of …
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Rittson-Thomas & ors v Oxfordshire County Council [2019] WTLR 1285
JUDGMENT RICHARD SPEARMAN QC Introduction [1] This case concerns two grants of land under s2 of the School Sites Act 1841 (“the 1841 Act“), and gives rise to a question concerning the exercise of the power of sale contained in s14. Although the operation of the 1841 Act has been amended by the Reverter of …
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Rialas v HMRC [2019] WTLR 1251
JUDGMENT JUDGE PHILIP GILLETT: [1] This is an appeal against two closure notices dated 7 November 2017, issued by the Respondents (‘HMRC’) under s28A Taxes Management Act 1970. These closure notices assessed Mr Andreas Rialas to additional income tax of £430,774.40 in respect of 2005-06 and £663,292.00 in respect of 2006-07. [2] These additional amounts …
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Rogge & anr v Rogge & ors [2019] WTLR 1305
JUDGMENT DEPUTY MASTER HENDERSON Introduction: [1] This is my judgment on a Part 8 claim seeking an order setting aside all transfers by the claimants prior to 27 November 2015 to the trust known as the Stefan Rogge Discretionary Trust (the trust) and a declaration that the sums transferred to the trust after 27 November …
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Sabados v Facebook Ireland [2019] WTLR 1361
HHJ PARKES QC [1] This is my judgment on the application by Ms. Azra Sabados for a Norwich Pharmacal order against the defendant, Facebook Ireland Limited. The claimant is represented by Mr. Callus. [2] The claimant is a British citizen who was born in Bosnia but who has lived in London since the Yugoslav war …
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Scarle v Scarle [2019] WTLR 1369
JUDGMENT HHJ KRAMER: [1] On the 11 October 2016 John William Scarle, aged 79, and Marjorie Ann Scarle, a married couple, were found dead at their bungalow, 300 Eastwood Road North, Leigh on Sea, Essex. Mrs Scarle was the younger of the two, aged 69 at the time. [2] This case concerns the question as …
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The Quentin Skinner 2005 Settlement L & ors v HMRC [2019] WTLR 1389
JUDGMENT JUDGE GUY BRANNAN: [1] These appeals concerned the question whether the appellants are entitled to entrepreneurs ‘ relief (“ER”) under s169J Taxation of Chargeable Gains Tax Act 1992 (“TCGA“). HMRC issued closure notices dated 1 June 2018 to the effect that the appellants are not entitled to that relief and the appellants now appeal …
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