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Lehtimaki v CIFF [2018] WTLR 491
<![CDATA[ Judgment LADY JUSTICE GLOSTER (VICE-PRESIDENT OF THE COURT OF APPEAL, CIVIL DIVISION), LORD JUSTICE DAVID RICHARDS AND LORD JUSTICE NEWEY: [1] The origins of charity law long pre-date the recognition of companies limited by guarantee in the Companies Act 1862. Nowadays, however, many charities are companies limited by guarantee without a share capital. They …
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April 13, 2018
Lloyd v Ayres [2018] WTLR 521
<![CDATA[ JUDGMENT HIGH BAILIFF: [1] The preliminary issue which the court is dealing with at this stage is whether leave should be granted to the claimant to bring, out of time, an application under the Inheritance (Provision for Family and Dependants) Act 1982 (the 1982 Act). That application is against the defendant as administrator of …
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McCallum-Toppin & anr v McCallum-Toppin & ors [2018] WTLR 531
JUDGMENT HHJ PAUL MATTHEWS: [1] This is my judgment on an application to re-re-amend the petition in these proceedings under s994 of the Companies Act 2006, complaining of conduct unfairly prejudicial to the interests of the petitioners. The application has come on for hearing and decision at the outset of the trial of the petition. …
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Meritus Trust Company v Butterfield Trust Ltd [2018] WTLR 545
<![CDATA[ Introduction [1] By an Originating Summons dated May 8, 2017, the Plaintiff (‘Meritus’) sought, inter alia, (1) copies of documents listed in the Schedule and (2) an Order requiring the Defendant (‘Butterfield’) to transfer immediately all assets of two trusts (the E Trust and the M Trust) and to vest title to such assets …
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Millar & anr v Millar & ors [2018] WTLR 563
JUDGMENT HHJ PAUL MATTHEWS: Introduction [1] This is my judgment on a claim made by claim form under Part 8 of the CPR issued on 3 October 2017 by the claimants’ solicitors, Royds Withy King LLP. It concerns a deed of settlement dated 7 December 2005 executed by the claimants. They seek an order for: …
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Mussell v Patience [2018] WTLR 579
<![CDATA[ JUDGMENT HHJ PAUL MATTHEWS: [1] This is my ruling on a point which has arisen in the course of the trial of a claim, brought by Part 8 claim form, issued on 14 October 2016. The claim is one by executors of the will of the late Louis Patience, who died as long ago as 7 April 1997. The first …
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Purvis v Purvis [2018] WTLR 585
<![CDATA[ JUDGMENT ANDERSON QC: [1] This claim has been brought by Dorothy Purvis acting by her litigation friend (her daughter Vicki Ann Rudd) against Ms Rudd’s only sibling, Jason. Since the participants are all members of the same family, I shall refer to them by their first names. [2] The claimant was represented before me by Tom Poole of counsel. …
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R (on the application of Conway) v The Secretary of State for Justice [2018] WTLR 597
JUDGMENT SIR TERENCE ETHERTON MR, SIR BRIAN LEVESON P AND LADY JUSTICE KING: [1] This is an appeal from the order dated 5 October 2017 of the Divisional Court (Sales LJ, Whipple and Garnham JJ) dismissing the claim of the appellant, Mr Noel Conway (‘Mr Conway’), for a declaration under s4 of the Human Rights …
Shiner v The Commissioners for HM Revenue & Customs [2018] WTLR 649
<![CDATA[ JUDGMENT PATTEN LJ: [1] The appellants are the shareholders and directors of Mark Oliver Homes Yorkshire Ltd (MOH) which is a residential property developer specialising in the construction of affordable homes. The appellants have at all material times been resident in the UK for tax purposes and have been beneficially entitled to the income …
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South Downs Trustees Ltd v GH [2018] WTLR 673
JUDGMENT CHIEF MASTER MARSH: [1] This judgment arises from the hearing of this part 8 claim on 16 February 2018. An interim order for anonymisation was made on 8 December 2017, before the claim was issued, and an order anonymising the proceedings, save for the identity of the claimant, was made at the hearing. The …
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