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Kersner v HMRC [2019] WTLR 895
JUDGMENT CHRISTOPHER MCNALL J: [1] This is a complex track appeal. The tribunal released case management directions on 12 July 2018. [2] By way of an application notice, issued on or about 23 January 2019, the appellant’s representatives make the following applications: (1) An application to opt-out of the complex track costs regime; (2) An …
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October 23, 2019
King & anr v The Benefice of Newburn in the Diocese of Newcastle & anr [2019] WTLR 905
JUDGMENT HODGE QC Introduction [1] This is an appeal from a decision dated 11 June 2018 of the Land Registration Division of the Property Chamber of the First-tier Tribunal (Judge Elizabeth Cooke). The FTT’s decision was made on two references made by HM Land Registry arising from separate applications made by the Respondents for the …
Lines v Wilcox & ors [2019] WTLR 927
JUDGMENT HHJ MATTHEWS: Introduction [1] This is my judgment on an issue (which I have called the threshold issue) which arises in relation to an application for a Beddoe order in relation to prospective litigation by the claimant against the first and second defendants. The claimant is the administrator of the estate of the late …
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MN v OP & ors [2019] WTLR 941
JUDGMENT SHARP LJ: Introduction [1] This an appeal against the order of Rose J on 2 March 2017, with her permission, by which she dismissed the claimant’s application for what amounted to an anonymity order, restricting the naming of the parties and access to the court file relating to the claim, and restricting the publication …
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Mussell & anr v Patience & anr [2019] WTLR 973
JUDGMENT HHJ PAUL MATTHEWS: Introduction [1] This is my written ruling on an issue that has arisen between the parties in attempting to agree a minute of order following a hearing before me on 29 April 2019 concerning the costs of earlier proceedings. Those proceedings were dealt with by me as proceedings for an account …
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Naylor & anr v Barlow & ors [2019] WTLR 981
JUDGMENT HHJ HODGE QC Introduction [1] This is my considered judgment on the trial of a Part 8 Claim issued in London on 17 July 2018 and transferred to Manchester by Order of Master Clark dated 27 January 2019. It raises two interesting and difficult questions on the law of wills: (1) Where issue succeed …
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PBM v TGT & anr [2019] WTLR 995
JUDGMENT FRANCIS J Publicity [1] This case concerns a number of applications in respect of PBM who is in his mid-twenties. PBM has been represented in these proceedings by his litigation friend the Official Solicitor who has instructed David Rees QC for this hearing. From the outset, PBM expressed considerable concern about the possibility of …
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PQ & anr v RS & ors [2019] WTLR 1015
JUDGMENT CHIEF MASTER MARSH [1] According to the common law rules of construction, a child is legitimate only if the child is born or conceived in wedlock. Section 15(1)(a) of the Family Law Reform Act 1969 came into force on 1 January 1970 and changed the law so far as it relates to dispositions made …
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T v V & ors [2019] WTLR 1029
JUDGMENT LIEVEN J Introduction [1] I need to start by giving a ruling as to whether I am going to give this judgment in open court or not. This is a case under the Inheritance Act 1975 where an application is made before me under s5 of that Act for interim relief, ‘an interim payment.’ …
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Whittaker v Hancock & ors [2019] WTLR 1043
JUDGMENT MASTER SHUMAN : [1] The claimant has brought a claim under section 50 of the Administration of Justice Act 1985 (”the 1985 Act”) to be appointed as substitute personal representative of the estate of John Parker (”the deceased”) in place of the second defendant, her mother, and for a caveat entered by the third …
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