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In the Matter of the X Trusts [2019] WTLR 1055
JUDGMENT IAN RC KAWALEY CJ Introduction [1] By an Originating Summons issued on February 21, 2018, which was amended on April 23, 2018, the Trustees sought directions in relation to various matters relating to the administration of the X Trusts. The present Judgment relates to their application under paragraph 12(b) of the Amended Originating Summons …
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October 23, 2019
Clarke v Allen & anr WTLR(w) 2019-10
JUDGMENT DEPUTY MASTER LINWOOD: I direct that pursuant to CPR PD39A para.6.1 no recording shall be taken of this judgment and that copies of this version as handed down may be treated as authentic. [1] This is my judgment following trial of two claims brought by the Claimant, who is the executor and widow of …
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September 10, 2019
A & ors v K & ors [2019] WTLR 335
JUDGMENT THE BAILIFF: [1] At a hearing of the representors’ representation in private on 11 April 2017, the court made orders in the exercise of its discretion approving on behalf of the minor unborn and unascertained beneficiaries a variation of the Y Trust and the Z Trust in accordance with the terms set out in …
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June 30, 2019
Bhusate v Patel & ors [2019] WTLR 393
JUDGMENT CHIEF MASTER MARSH: [1] This is my judgment on the application by the claimant for the court’s permission to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act). The application is governed by s4 of the Inheritance Act which provides: ‘An application for an order under s2 …
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Angel Group Ltd & ors v Davey [2019] WTLR 359
JUDGMENT THE HONOURABLE MR. JUSTICE FANCOURT: Introduction [1] The Claimant companies, acting by their liquidators, bring these claims against the Defendant, Ms Davey, to recover properties (or their proceeds of sale) in California, Israel and Northern Cyprus (“the Properties”) and for compensation for breach of trust or breach of fiduciary duty. [2] Before the Claimant …
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Cowan v Foreman & ors [2019] WTLR 441
JUDGMENT MOSTYN J: [1] This is my judgment on the application by the claimant under s4 of the Inheritance (Provision for Family and Dependants) Act 1975 for permission to make a substantive application under s2 of that Act against the estate of her deceased husband Michael Anthony Cowan. [2] Section 4 provides: ‘An application for …
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Blyth v Sykes [2019] WTLR 419
JUDGMENT HHJ SAFFMAN: [1] Mrs Agnes Moore, who was born in October 1934, died a widow on 9 January 2016 aged 81 years old. Amongst her possessions at the time of the death was an envelope containing a copy of a will executed on 11 April 2008 (the will). The envelope also contained an unsigned …
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Daga v Bangur [2019] WTLR 455
JUDGMENT HOLMAN J Introduction and the claim [1] Although they are now divorced by a decree absolute, I will, for convenience, refer to the parties as “the husband” or “the wife” respectively. Unless the context otherwise indicates, I will use the words “the father” to refer to the wife’s father who is a central figure …
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Densham v Charity Commission [2019] WTLR 473
JUDGMENT MRS JUSTICE FALK, JUDGE McKENNA: Background [1] The Appellant is an allotment-holder and local resident of Hughenden, Buckinghamshire. The Charity Commission considers that certain land held by Hughenden Parish Council for local allotments is subject to charitable trusts for the relief of the poor. The Appellant contends that the land is not so held. …
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Dewar v Sheffield City Council & anr [2019] WTLR 495
JUDGMENT MARK ANDERSON QC: [1] Graves Park is held by Sheffield City Council (the Council) on a charitable trust (the Charity) governed by a scheme made by the Charity Commission on 12th March 2009 (the Scheme). The claimant is one of the trustees of the Friends of Graves Park (the Friends), a charity whose purpose …
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