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Commissioners for HMRC v Personal Representatives of Vigne [2023] WTLR 1259
JUDGMENT UPPER TRIBUNAL JUDGE KEVIN POOLE AND UPPER TRIBUNAL JUDGE ASHLEY GREENBANK: [1] This is the appeal of the appellant Commissioners from the decision of the First-tier Tribunal (‘FTT’) (Judge Geraint Jones QC and John Adrain FCA), neutral citation [2017] UKFTT 632 (TC). In that decision (‘the FTT Decision’), the FTT allowed the appeal of …
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November 27, 2023
Denaxe Ltd v Cooper & anr [2023] WTLR 1279
JUDGMENT LORD JUSTICE SNOWDEN: [1] This is an appeal against a decision of Fancourt J (‘the Judge’), striking out a negligence claim (‘the Claim’) by the Appellant (‘Denaxe’) against the Respondents (‘the Receivers’): [2022] EWHC 764 (Ch), [2022] 4 WLR 52. The appeal concerns the extent of immunity from subsequent claims which is enjoyed by …
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Harvey & anr v Van Hoorn [2023] WTLR 1323
JUDGMENT HHJ PAUL MATTHEWS: Introduction [1] On 15 December 2022 I heard this CPR Part 8 Claim for (i) an order under the Variation of Trusts Act 1958, or alternatively (ii) a direction that the trustees of a settlement be at liberty to implement an arrangement involving the release and reimposition of certain powers, as …
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Hughes v Pritchard & ors [2023] WTLR 1335
JUDGMENT HHJ KEYSER KC: [1] Evan Richard Hughes (‘the Deceased’) died on 7 March 2017 aged 84 years, having lived all his life on Anglesey. At the time of his death his main assets were the bungalow (Arfryn) where he lived, 79 acres of farmland known as Bwchanan, 58 acres of farmland known as Yr …
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Jones & ors v Jones [2023] WTLR 1371
JUDGMENT HHJ JARMAN KC: Introduction [1] On the 4 July 2021, the late Daphne Jones (Mrs Jones) signed what purported to be her last will and testament (the will). She had not executed a previous will. It was witnessed by a neighbour Pauline Evans, and by a chartered accountant, Neil Bevan. It was a short …
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Laird v Simcock & ors [2023] WTLR 1393
JUDGMENT MR JUSTICE EDWIN JOHNSON: Introduction [1] This is the hearing of an appeal against an order of Master Clark made on 26th July 2022. By that order (‘the Order’) the Master dismissed the claim made by the Claimant for rectification of a deed of appointment dated 31st December 2019 (‘the Deed of Appointment’). The …
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Lattimer v Karamanoli [2023] WTLR 1433
JUDGMENT MASTER CLARK: [1] This is my judgment on 2 applications: (1) the claimant’s application dated 3 February 2023 seeking summary judgment on part of his claim; and reverse summary judgment and/or to strike out the defendant’s counterclaim insofar as it seeks rectification; (2) the defendant’s application dated 24 May 2023 seeking permission to amend …
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Lumb v Lumb [2023] WTLR 1459
JUDGMENT HHJ JUDGE DAVIS-WHTE KC: Introduction [1] This is an appeal against the costs order of Deputy District Judge Whitehead dated 13 December 2022, whereby he made no order as to costs but granted permission to the Appellant to appeal. The context was a successful summary judgment application by the Claimant, seeking pronouncement in solemn …
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McLean & ors v McLean [2023] WTLR 1495
JUDGMENT SIR ANTHONY MANN: Introduction [1] Where parties agree to leave true mutual wills, their agreement is capable of giving rise to trusts affecting their property which prevent the second to die from effectively resiling from the agreement, via the mechanism of the imposition of an implied trust (or perhaps a constructive trust). That that …
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Rea v Rea & ors [2023] WTLR 1509
JUDGMENT HHJ HODGE KC: I: Introduction [1] This is my reserved judgment following the retrial, over four days from 4 to 7 July 2023, of this contested probate claim, which was issued as long ago as 5 July 2017. The claimant is represented by Mr Robert Deacon (of counsel), instructed by Britton & Time Solicitors; …
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