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Banfield v Campbell [2018] WTLR 781
JUDGMENT MASTER TEVERSON: [1] This is a claim by the claimant, Mr Andrew Banfield, for reasonable financial provision from the estate of the late Mrs Sarah Elizabeth Campbell (‘the deceased’) pursuant to the Inheritance (Provision for Family and Dependants) Act 1975, as amended (‘the Act’). The deceased died on 7 October 2015 aged 63 on a holiday flight to the Canary Islands. [2] Mr Banfield claims as a cohabitant of the deceased …
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April 14, 2018
Daniel & anr v Tee & ors [2018] WTLR 799
JUDGMENT SPEARMAN QC: [1] This is a claim for breach of trust. It raises questions concerning the duties of trustees, and in particular the extent to which professional solicitor trustees, who have no personal expertise in managing investments, may be said to have acted imprudently by relying on the advice of independent financial advisers which …
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De Muller & anr v Morgan [2018] WTLR 867
HACON J: Introduction [1] Rainer Christian Kahrmann died at his home in Cologne on 3 July 2014. He had married the first claimant (‘Ms de Muller’) in 1972 but some years later the two became estranged. Written terms of separation were agreed on 1 September 1997, although they remained married until Dr Kahrmann’s death. [2] …
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Goss-Custard & anr v Templeman [2018] WTLR 893
JUDGMENT MASTER SHUMAN [1] The claimants by claim form issued on 16 June 2017 seek an order pronouncing for a will dated 22 August 2008 (‘the 2008 Will’) of Sydney William Baron Templeman of White Lackington (‘the deceased’) in solemn form. The 1st and 2nd defendants defend the claim on the basis that the deceased …
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Graham (Deceased) v HMRC [2018] WTLR 911
JUDGMENT CHARLES HELLIER Introduction [1] Carnwethers is an enlarged old farmhouse standing in grounds of about an acre some five minutes walk from the coast in St Mary’s in the Isles of Scilly. It was owned at the time of her death on 6 November 2012 by Grace Joyce Graham (Mrs Graham) and was her …
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Kubicka [2018] WTLR 933
JUDGMENT [1] This request for a preliminary ruling concerns the interpretation of Art 1(2)(k) and (l) and Art 31 of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of …
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Mahnkopf v Mahnkopf [2018] WTLR 947
JUDGMENT [1] This request for a preliminary ruling concerns the interpretation of Art 1(1), 67(1) and 68(l) of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and …
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PCB v JMA & ors [2018] WTLR 961
JUDGMENT HILDER J: The issue for determination [1] PBC is the son of JMA, and was appointed as her sole attorney for property and affairs by a Lasting Power of Attorney executed on 5 August 2010 and registered by the Public Guardian on 16 December 2010. He seeks the authority of the court to make from JMA’s estate various gifts together exceeding £7m. The purpose …
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Smith-Tyrrell & anr v Bowden [2018] WTLR 987
JUDGMENT HHJ PAUL MATTHEWS: Introductory [1] This is my judgment on a claim brought by the claimants in relation to a parcel of about 9.51 acres of land at Boswidjack Farm in Constantine, Falmouth Cornwall (the property). The parcel is generally known as Mellinzeath, or Mellanzeath, or sometimes Melanzeth. The claim form, issued on 26 …
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Tang v Tang & ors [2018] WTLR 1019
JUDGMENT Chief Justice Ma: [1] I agree with the judgment of Lord Millett NPJ. Mr Justice Ribeiro PJ: [2] I agree with the judgment of Lord Millett NPJ. Mr Justice Fok PJ: [3] I agree with the judgment of Lord Millett NPJ. Mr Justice Chan NPH: [4] I agree with the judgment of Lord Millett …
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