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Re PMB WTLR(w) 2019-01
Senior Judge Lush: 1. This is a dispute amongst siblings over the appointment of a deputy to manage their mother’s financial affairs. The family background 2. PMB was born in 1927 and lives in Berkshire. She used to be a cleaner for some of the more affluent residents in her village. 3. She married her …
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January 16, 2019
JSC Mezhdunarodniy Promyshlenniy Bank & anr v Pugachev & ors WTLR(w) 2018-01
Mr Justice Birss: Introduction and narrative 1 The issues 70 The witnesses 80 The terms of the trust deeds 103 The law 143 Shams 145 Illusory trusts 155 Discretionary trusts, protectors and fiduciaries 173 Assessment 204 The involvement of Victor and his father as sources of assets 204 The True Effect of …
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October 4, 2018
STROTHER v 3464920 CANADA INC. 2007 SCC 24
1 BINNIE J. — A fundamental duty of a lawyer is to act in the best interest of his or her client to the exclusion of all other adverse interests, except those duly disclosed by the lawyer and willingly accepted by the client. The appellant Robert Strother, a successful tax partner with the appellant Davis …
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September 13, 2018
Proles v Kohli [2018] EWHC 767 (Ch)
Master Clark: Introduction and the claim 1. This is my judgment in the trial of a preliminary issue in a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”). 2. The claimant, Amélie Proles (“Amélie”) was born on 5 March 2013, and is now 5 years old. Her claim is …
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August 10, 2018
Rand v Tran [2017] UKFTT 0888 (PC)
Introduction 1. 219 Bexley Road, Eltharn, Kent (”the Property”) was purchased on 23 November 2012 in the sole name of the applicant, who was subsequently registered as the proprietor with freehold title absolute. The applicant applied for registration of a Restriction in Form A on 10 October 2014, on the basis that he had a beneficial …
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Liden v Burton [2016] EWCA Civ 275
LORD JUSTICE HAMBLEN: Introduction 1. This is an appeal against a decision dated 26 November 2014 of Mr Recorder Cameron sitting at Leeds County Court, whereby he decided that a residential property at Willow Beck, Notton, near Wakefield (“Willow Beck”) was held on trust under the terms of which the first £33,522 in equity is …
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Bullard v Bullard [2017] EWHC 3 (Ch)
1. This is my judgment on a claim made by claim form issued under CPR Part 8 on 19 July 2016, in substance for an order determining the true construction of clause 3 of a trust settled by the claimant on 3 September 2002, or alternatively rectification of the trust deed. The claimant is the …
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August 7, 2018
Gee v Gee [2018] EWHC 1393 (Ch)
1. This action is a proprietary estoppel case concerning a family farm in Cumnor, Oxfordshire known as Denman’s Farm. The family is the Gee family. The farm business and the land as a whole today are worth about £8 million. The farm is situated on the western outskirts of Oxford in the greenbelt. If any …
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June 28, 2018
Nutt & anr v Nutt [2018] EWHC 851 (Ch)
Master Clark: This is a probate claim in which the claimants seek to establish the will dated 26 June 2005 (“the 2005 will”) of their mother, Lily Rose Nutt (“Mrs Nutt”), who died on 25 February 2013 aged 88. The only ground on which the claim is defended is that the 2005 will was revoked …
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May 25, 2018
Akhter v Khan & anr [2018] WTLR 729
JUDGMENT WILLIAMS J: Introduction [1] The petitioner Nasreen Akhter issued a petition for divorce from the respondent Mohammed Shabaz Khan on 4 November 2016. The husband defended the divorce on the basis that the parties had not entered a marriage valid according to English law. In her reply, the wife averred that the presumption of …
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April 14, 2018
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