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Savage v Savage [2024] WTLR 725
JUDGMENT SNOWDEN LJ: [1] This appeal raises a question of interpretation of s15(3) of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). The question is whether that section means that a court which is considering an application for an order under s14 of TOLATA where there is a dispute between the beneficiaries …
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July 19, 2024
Stoney-Andersen v Abbas & ors [2024] WTLR 741
JUDGMENT HHJ PAUL MATTHEWS: Introduction [1] This is my judgment on a claim under CPR Part 8 relating to the estate of Vincent William Cashinella, who died on 25 November 2019. The deceased left a will dated 30 May 1995, appointing his wife, Olwen, and the first defendant, who was married to his wife’s niece. …
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Withers Trust Corporation Ltd v The Estate of Goodman [2024] WTLR 763
JUDGMENT MASTER MCQUAIL: [1] This is the disposal hearing of a Part 8 claim form which was issued on 23 June of this year. The Claimant is Withers Trust Corporation Limited being the Executor of the Estate of the late Adrian Berry. The main Defendant is the Estate of the late Hannah Goodman by an …
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Heyes & anr v Holt WTLR(w) 2024-01
JUDGMENT HHJ PAUL MATTHEWS: Introduction [1] This is my judgment on an application by the defendant by notice dated 21 February 2024 for reverse summary judgment against the claimants. The claim is one based on the doctrine of proprietary estoppel, and was commenced by claim form issued on 5 January 2023, accompanied by particulars of …
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Jones v Tracey & ors WTLR(w) 2024-02
JUDGMENT MASTER MARSH: [1] This is my judgment on costs following the delivery of judgment in the claim on 14 July 2023 after a trial.1 Directions were given for the claimant and the third defendant to file written submissions and reply submissions in relation to costs. [2] An issue has arisen out of the third …
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Vasami & anr v Hack & anr WTLR(w) 2024-03
JUDGMENT HHJ JARMAN KC: Introduction [1] The claimants seek possession from the defendants of a farm called Glasfryn, Rhydlewis, Llandysul, Ceredigion, on the basis that the defendants’ tenancy has been determined. They also seek arrears of rent, and the return of the dairy herd at Glasfryn, which they say belongs to them, or damages. Mr …
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Archibald & anr v Stewart & anr [2024] WTLR 1
JUDGMENT DEPUTY MASTER FRANCIS: Introduction [1] This is my determination of certain preliminary issues arising in claims under the Inheritance (Provision for Family and Dependants) Act 1975 brought by Neil Archibald, and by his wife, Julie Archibald, in respect of the estates of Neil’s late parents, Rosemary Archibald and Malcolm Archibald.1 [2] Those issues, as …
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April 15, 2024
Butler & ors v Commissioners for HMRC [2024] WTLR 23
JUDGMENT TRIBUNAL JUDGE ALEKSANDER: Introduction [1] Helen Butler (‘Mrs Butler’) died on 15 May 2015. At her death, she was a member of Tufton Warren Farm LLP (‘the LLP’). The only other members were the trustees of her late husband’s will trust (called the TR Butler Will Trust – the ‘Will Trust’), in which she …
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Clarke & ors v Shrewsbury and Atcham Constituency Labour Party & ors [2024] WTLR 67
JUDGMENT HHJ RAWLINGS: Introduction [1] This case concerns the question of whether, what its trustees call the Morris Hall Trust, is void for want of compliance with the rule against perpetuities and/or for not having a permissible object and if the trust is void, whether it can be saved in some way. [2] The claim …
Dignam-Thomas & anr v McCourt & anr [2024] WTLR 105
JUDGMENT MRS JUSTICE THEIS DBE: Introduction [1] The matter concerns an application by Sally Dignam-Thomas (‘first claimant’) and Julie Bebbington (‘second claimant’) dated 5 June 2021 under the Inheritance (Provision for Family and Dependants) Act 1975 (‘the 1975 Act’) for reasonable financial provision from the Estate of Leslie Hooper (‘the deceased’). The defendants to the …
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