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National Westminster Bank plc & ors v Ludlow Trust Co Ltd & ors [2024] WTLR 239


JUDGMENT SAIRA SALIMI: [1] These proceedings were brought under Part 8 of the CPR, as uncontentious matters relating to the administration of trusts. Each of the Claimants is a bank which is part of the NatWest Group, and each of them has been appointed as trustee of a number of trusts. They are seeking an …

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April 15, 2024


Richefond & ors v Dillon & ors [2024] WTLR 253


JUDGMENT MASTER MCQUAIL: [1] I gave judgment in this probate claim on 6 October 2023. I concluded that the will of Kenneth Grizzle (Kenneth) dated 3 November 2023 (the Will) was valid as to part but, because Kenneth did not know and approve the gift of residue, that gift failed. The result is that Kenneth’s …

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Shah v Commissioners for HMRC [2024] WTLR 265


JUDGMENT GILL HUNTER: Decision [1] The hearing was held in hybrid form, with one witness (Mr Nirmal Shah) attending remotely from the United States of America (USA) via the Tribunal video hearing system. Introduction [2] This is an appeal against a notice of determination issued under s221 Inheritance Tax Act 1984 (IHTA 1984) on 6 …

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Thandi v Saggu [2024] WTLR 283


JUDGMENT MR HUGH SIMS KC: [1] The subject of this trial is a mixed-use property located on Northend Road in Dartford, Kent, called 7 Parkside Parade (‘7 Parkside Parade’ or the ‘property’)1. The main issue arising is whether or not there was a valid contract for sale of 7 Parkside Parade made in 2018. There …

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Winter & anr v Winter & anr [2024] WTLR 327


JUDGMENT MR JUSTICE ZACAROLI: Introduction [1] The claimants, Richard Winter and Adrian Winter and the defendant, Philip Winter are brothers. The claim is brought to challenge the dispositions made by their father, Albert Winter, in his will dated 30 April 2015 (the ‘2015 Will’). For convenience, and without intending any disrespect, I will refer to …

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Zedra Fiduciary Services (UK) Ltd v HM Attorney General [2024] WTLR 363


JUDGMENT LORD JUSTICE LEWISON: The issue [1] The issue on this appeal is the appropriate application of funds held on charitable trusts under a cy-près scheme made by the court in the exercise of its power under s67 of the Charities Act 2011. [2] Zacaroli J gave two judgments in this case. In the first …

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Re A [2023] WTLR 1195


JUDGMENT SHERIFF ROBERT D M FIFE: Introduction [1] This application concerns A, ‘the Adult’ and her capacity to revoke a 2014 Power of Attorney and grant a new Power of Attorney in 2021. [2] The sheriff, having resumed consideration of the cause, finds the following facts to be admitted or proved. Findings in fact [3] …

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November 27, 2023


Bowser v Smith & anr [2023] WTLR 1207


JUDGMENT SIR LAUNCELOT HENDERSON: Introduction [1] This is an appeal against a costs order made by Bacon J (‘the Judge’) on 24 November 2022 (‘the Costs Order’), pursuant to directions which she had given on 3 November 2022 when making a consent order removing the two original executors of the will (‘the Will’) of the …

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Chopping v Cowan & anr [2023] WTLR 1237


JUDGMENT MASTER MARSH; [1] This claim arises in connection with the estate of Terence Charles Robey who died on 2 July 2008. He left a will dated 6 December 2007 under which the Claimant, his daughter, was the beneficiary of the residue of his estate. The defendants were nominated as the deceased’s executors and probate …

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Colicci & ors v Grinberg & anr [2023] WTLR 1249


JUDGMENT: RECORDER MARK ANDERSON KC : [1] I handed down judgment on 18 May 2023, following a trial in March which lasted 4 days. This is my reserved judgment on costs after further submissions at a consequentials hearing on 19 July. I will use the terminology set out in paras 3 to 6 [of] the …

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