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RBC Trustees (CI) Ltd & ors v Stubbs & ors [2018] WTLR 1399
JUDGMENT ROSE J: Background [1] This is an application for rectification or rescission brought by the trustees of a settlement created by the first defendant Mrs Janatha Stubbs. The claim relates to two deeds of revocation and appointment dated 11 November 2008 and 22 April 2014. Each of the deeds effects a revocation and reappointment …
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February 15, 2018
Executors of the estate of Ross v HMRC [2018] WTLR 1417
JUDGMENT RACHEL SHORT J: [1] This is an appeal against a determination issued by HMRC on 27 October 2015 to the executors of the estate of Mrs Marjorie Ross under s221 of the Inheritance Tax Act 1984 stating that the property comprised in the partnership of which Mrs Ross was a partner (‘the Green Door Cottages Partnership’) did …
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SAD & anr v SED [2018] WTLR 1439
JUDGMENT DISTRICT JUDGE GLENTWORTH: [1] This application raises issues in relation to a lasting power of attorney for property and affairs (an LPA) under which SAD and ACD (the applicants) were appointed attorneys by their mother, SED (the respondent). The applicants were represented by Francesca Gardner of counsel and the respondent by David Rees, also …
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Sargeant v Sargeant & anr [2018] WTLR 1451
JUDGMENT HHJ DAVID COOKE: Introduction [1] In this action the claimant, Mrs Audrey Mary Sargeant (known as Mary) seeks an order for provision from the estate of her late husband Mr Joe Sargeant pursuant to s2 of the Inheritance (Provision for Family and Dependents) Act 1975. Mr Sargeant died on 10 May 2005 leaving a …
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Smith v Lancashire Teaching Hospitals NHS Foundation Trust & ors [2018] WTLR 1469
JUDGMENT SIR TERENCE ETHERTON MR: [1] The issues on this appeal are whether (1) the provisions concerning the right to bereavement damages under s1A of the Fatal Accidents Act 1976 (the FAA) are to be interpreted as extending to a person who was living with the deceased in the same household for at least two …
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Trustees of the P Panayi Accumulation & Maintenance Settlements v HMRC [2018] WTLR 1497
JUDGMENT [1] This request for a preliminary ruling concerns the interpretation of Articles 49, 54, 56 and 63 TFEU. [2] The request has been made in proceedings between the Trustees of the P Panayi Accumulation & Maintenance Settlements (‘the Panayi trustees’) and the Commissioners for Her Majesty’s Revenue and Customs (‘the tax authority’) on the …
Re Various Incapacitated Persons [2018] WTLR 1511
JUDGMENT HHJ HILDER: The scope of proceedings [1] This judgment concerns applications in respect of 36 different persons, listed in schedule 1 attached. Each application seeks the appointment as property and affairs deputy of a trust corporation. The applications have been made by eleven different trust corporations, as identified in schedule 1. The court’s concern …
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Vucicevic & anr v Aleksic & ors [2018] WTLR 1545
JUDGMENT HHJ PAUL MATTHEWS: Introductory [1] On 24 July 2017, I heard this Part 8 claim. I announced my decision immediately afterwards, but stated that I would put my reasons in writing. These are those reasons, with one small emendation of my decision as announced. I am sorry for the delay in producing these reasons, …
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White v Philips [2018] WTLR 1559
JUDGMENT HHJ SAFFMAN: Introduction [1] Sadly, on 22 July 2010 Mr Raymond Ian White passed away. He had been suffering from terminal rectal cancer which had been diagnosed in July 2009 at which time he had been told that it was inoperable albeit he was not told how long he had to live. [2] On …
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Wilson v Lassman [2018] WTLR 1577
JUDGMENT MASTER BOWLES: [1] By an amended claim form, dated 2 February 2016, the claimant, Paul Wilson (Mr Wilson) sought an order of the court, pronouncing, in solemn form, against the will of his father, Gerald Altiman Wilson (the deceased), dated and purportedly executed on 9 October 2010, and revoking the grant of probate obtained …
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