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TH v JH [2018] WTLR 693
<![CDATA[ JUDGMENT VINCENT HHJ Introduction and parties’ positions [1] HH is 95 and lives in a care home. He has two sons, TH, the applicant, and JPH, the first respondent. Their relationship is fraught, and appears to have been so for very many years. [2] HH was diagnosed with Alzheimer’s disease in August 2010. …
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April 13, 2018
X v Y [2018] WTLR 719
JUDGMENT SMELLIE CJ. [1] By its Originating Summons the trustee seeks Beddoe1 relief in relation to English proceedings2 to which the trustee has been joined as one of several defendants. [2] More specifically, the trustee seeks directions permitting it to defend the English proceedings and in so doing, permitting it to borrow funds on behalf …
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Anderson v Spencer [2018] WTLR 1
KING LJ [1] This is an appeal against an order made under the inherent jurisdiction of the High Court on 9 May 2016 by Mr Justice Peter Jackson (as he then was). The order now challenged directed that DNA extracted from a sample provided by William Anderson (deceased) and now held by Central Manchester University Hospitals NHS Foundation Trust, should be tested against a bodily sample …
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April 12, 2018
Constandas v Lysandrou & ors [2018] WTLR 19
INTRODUCTION [1] This claim was brought by the Claimant, Mr Constandas, against the First Respondent, his sister Mrs Lysandrou, the Second Respondent his brother-in-law, Mr Lysandrou and the Third Respondent his nephew Michael Lysandrou. The claim concerns the beneficial ownership of the house in Mackeson Road, London NW3 in which all the parties lived for …
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Creggy v Barnett & anr [2018] WTLR 35
JUDGMENT PATTEN LJ [1] This is an appeal by the defendant, Mr Stuart Creggy, against an order of David Richards J dated 29 January 2015. The judge ordered Mr Creggy to pay to the claimants the sum of $2,305,795.68 including interest as equitable compensation for his breach of fiduciary duty in transferring in 1998 approximately …
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Dawson-Damer & ors v Taylor Wessing LLP & anr [2018] WTLR 57
LADY JUSTICE ARDEN: OVERVIEW OF THIS APPEAL Appeal concerns a subject access request under the Data Protection Act 1998 [1] The appellants are Mrs Ashley Dawson-Damer and her two children, Piers Dawson-Damer and Adelicia Dawson-Damer, who are the adopted children of Mrs Dawson-Damer and her late husband, Mr John Dawson-Damer. The respondent (‘TW’) is a …
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English & ors v Keats & ors [2018] WTLR 91
JUDGMENT HACON J: Introduction [1] This action raises two points of law concerning defectively executed deeds of appointment. The facts were not in dispute. Background facts [2] Before his death, Alan Thunder ran a newspaper distributor in southern England called Thunder & Clayden Limited. He had inherited the company from his father, the founder of …
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ET v JP & ors [2018] WTLR 109
JUDGMENT MORGAN J: Introduction [1] This judgment deals with one point which arose in the course of an application for the court’s approval to a variation of a trust pursuant to the Variation of Trusts Act 1958 (“the 1958 Act”). The particular point arose in relation to s1(3) of the 1958 Act which provides, in …
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Harris v HMRC [2018] WTLR 119
JUDGE NICHOLAS ALEKSANDER: [1] Mr Harris was appointed as personal representative of the late Helena McDonald by letters of administration issued in the High Court on 12 June 2013. [2] On 28 April 2013, Mr Harris filed IHT400 – an inheritance tax account – with HMRC. On 16 April 2014, HMRC opened an enquiry into …
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KA v MA [2018] WTLR 125
JUDGMENT MRS JUSTICE ROBERTS [1] This is an application made by KA (to whom, for ease of reference, I shall refer as ‘the wife’) for financial remedy orders following the breakdown of her marriage to MA (‘the husband’). That application was made in June 2016 shortly after the commencement of divorce proceedings. It provoked, by …
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