Page 42 of 109
Lomax & ors v Greenslade [2019] WTLR 171
JUDGMENT HENRY CARR J: [1] This is a claim under the Inheritance (Provision for Family and Dependants) Act 1975. It is a claim by the children of the deceased, for whom in a will dated 8 March 1997 no provision was made by their father, a Mr Lomax. The defendant and appellant, Ms Nora Isabella …
Continue reading “Lomax & ors v Greenslade [2019] WTLR 171”
April 14, 2019
Martin v Martin [2019] WTLR 181
JUDGMENT MOYLAN LJ: Introduction [1] The wife appeals and the husband cross-appeals from a final financial remedy order made by Mostyn J on 9 October 2017. [2] The judge’s award was based on the application of the sharing principle and neither party questions its determinative role in this case. It is the manner in which …
Continue reading “Martin v Martin [2019] WTLR 181”
Macintyre & anr v Oliver & ors [2019] WTLR 215
JUDGMENT MASTER SHUMAN: [1] This is a claim by Part 8 claim form issued on 19 July 2017 for guidance from the court on the true construction of the will trusts created by Violet Hamblen-Thomas (Violet) and her husband Charles Hamblen-Thomas (Charles) and on the identification of the beneficiaries. They had one son, Edwin Hamblen-Thomas (Edwin), who …
Continue reading “Macintyre & anr v Oliver & ors [2019] WTLR 215”
Moore v Moore & anr [2019] WTLR 233
JUDGMENT HENDERSON LJ: Introduction and background [1] This is a case about proprietary estoppel. As so often, it involves a family farm, and a sad breakdown in relations between members of the family. Indeed the dispute has already been ruinous in both human and financial terms. We were told that the total costs so far …
Continue reading “Moore v Moore & anr [2019] WTLR 233”
Perwaz v Perwaz [2019] WTLR 275
JUDGMENT JUDGE ELIZABETH COOKE: [1] This is an appeal by Mr Saleem Perwaz from a decision of the Land Registration Division of the First-tier Tribunal (‘the FTT’) dated 5 June 2017. The FTT directed the Chief Land Registrar, first, to cancel his application to remove from the title to his property a unilateral notice entered …
Continue reading “Perwaz v Perwaz [2019] WTLR 275”
Sheffield v Sheffield & ors [2019] WTLR 295
JUDGMENT MASTER CLARK: [1] This judgment deals with the costs order to be made following the parties’ agreement reached in respect of the relief ordered in a breach of trust claim. Parties and the claim [2] This is the final stage of a claim commenced on 24 November 2010, by which the claimant, John David …
Continue reading “Sheffield v Sheffield & ors [2019] WTLR 295”
The Public Guardian v DA & ors [2019] WTLR 313
JUDGMENT BAKER LJ: [1] This judgment concerns two test cases brought by the Public Guardian, by applications made under s23 and schedule 1 para 11 of the Mental Capacity Act 2005, regarding the validity of words in lasting powers of attorney (LPAs). The first concerns words relating to euthanasia or assisted suicide, whereas the second …
Continue reading “The Public Guardian v DA & ors [2019] WTLR 313”
Main & ors v Giambrone & Law & ors WTLR(w) 2019-04
Lord Justice Jackson : This judgment is in eight parts, namely: Part 1 – Introduction Paragraphs 2 – 12 Part 2 – The Facts Paragraphs 13 – 31 Part 3 – The Present Proceedings Paragraphs 32 – 38 Part 4 – The appeal to the Court of Appeal Paragraphs 39 – 44 Part 5 – …
Continue reading “Main & ors v Giambrone & Law & ors WTLR(w) 2019-04”
January 17, 2019
Bhusate v Patel & ors WTLR(w) 2019-03
Chief Master Marsh: This claim relates to the estate of Mr Kashinath Vithoba Bhusate who died on 28 April 1990. I will refer to him as Mr Bhusate. His first wife (“Mrs Bhusate”) died in 1971. The 1st to 5th defendants are Mr Bhusate’s children by his first marriage. The claimant brings this claim as …
Continue reading “Bhusate v Patel & ors WTLR(w) 2019-03”
Payne & anr v Payne WTLR(w) 2019-02
Introduction and background 1. This is an appeal in contentious probate proceedings concerning the estate of the late John Henry Adrian Payne (“the Deceased”) who died on 22 August 2012 aged 74. The Deceased was twice married. By his first marriage in 1959, to Vera Gabriel, he had four children, at least three of whom …
Continue reading “Payne & anr v Payne WTLR(w) 2019-02”
January 16, 2019
Page 42 of 109