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Re Twah [2019] WTLR 1405
JUDGMENT JUDGE HILDER: The Scope of Proceedings [1] Allied Services Trust has applied for appointment as property and affairs deputy for TWAH. I am satisfied on the basis of evidence filed with the application that TWAH lacks capacity to manage his property and affairs. On 26th February 2018 Deborah Pardoe, who is the CEO of …
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December 17, 2019
In the matter of Various Lasting Powers of Attorney [2019] WTLR 1443
JUDGMENT HHJ HILDER: These proceedings [1] The Office of the Public Guardian receives applications to register lasting powers of attorney. By fifteen COP1 applications variously dated 5 or 6 July 2018 the Public Guardian applied for the court to determine the meaning and effect of words set out in certain instruments which he has been …
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Smith & anor v Crawshay WTLR(w) 2019-12
JUDGMENT HHJ PAUL MATTHEWS: Introduction [1] This is my judgment on the trial of a claim brought by the claimants, the executors of the will of the late Hope Crawshay, against the defendant, one of her children. The testatrix was born in 1919. She was married to Darryl Crawshay, who died in 1978. They had …
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December 16, 2019
Rusnano Capital AG v Molard International (PTC) Ltd WTLR(w) 2019-11
December 9, 2019
Cowan v Foreman & ors [2019] WTLR 707
JUDGMENT ASPLIN LJ: Introduction [1] This appeal is concerned with the circumstances in which it is appropriate to grant permission under s4 of the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) to allow an application for an order under s2 of the 1975 Act to be made out of time. Under …
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October 23, 2019
David Roberts Art Foundation Ltd v Riedweg [2019] WTLR 741
JUDGMENT CHIEF MASTER MARSH: [1] The claimant is a charitable company registered with the Charity Commission. It has applied for judgment on its claim pursuant to CPR 24.2 on the basis that the defendant has no real prospect of successfully defending the claim and there is no other compelling reason why the claim should be …
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Duke of Somerset v Fitzgerald & ors [2019] WTLR 771
JUDGMENT MASTER TEVERSON: [1] This is an application under the Variation of Trusts Act 1958 (the 1958 Act) for the approval of an arrangement to vary the trusts of a settlement made by the claimant by a trust instrument dated 30 September 1971 (the settlement). The claimant is the 19th Duke of Somerset. The settlement …
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Gaskin v Chorus Law Ltd & anr [2019] WTLR 785
JUDGMENT MASTER CLARK: [1] This judgment determines the incidence of costs as between the parties in this claim under s.50 of the Administration of Justice Act 1985, which, as will be seen, was ultimately dismissed in unusual circumstances. Regrettably, though sadly not usually, the parties’ combined costs of the claim (which exceed £180,000) represent just …
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Group Seven Ltd & anr v Notable Services LLP & anr [2019] WTLR 803
JUDGMENT Lord Justice Henderson, Lord Justice Peter Jackson and Lady Justice Asplin: [1] This is the judgment of the court to which each of its members has contributed. INTRODUCTION AND OVERVIEW [2] These appeals concern the scope of liability for dishonest assistance in a breach of trust and for vicarious liability in such circumstances. The …
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Howarth v HMRC [2019] WTLR 869
JUDGMENT LORD JUSTICE NEWEY [1] ”Follower” and ”accelerated payment” notices were introduced by the Finance Act 2014 (”FA 2014”) with a view to addressing tax avoidance. A follower notice renders the recipient liable to a penalty if he does not take steps to counteract or surrender a tax advantage. An accelerated payment notice requires up-front …
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