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British Red Cross v Werry [2017] EWHC 875 (Ch)
JUDGMENT ELIZABETH COOKE J: [1] This is an appeal against an order that District Judge Stewart made in the county court at Kingston upon Thames in 2011. [2] It arises like this: from 1962 to 2008, Patricia Deeley lived with Peter Harding as his partner, although they were not married, at 87 Beckenham Lane, Bromley, …
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August 31, 2017
Bathurst v Bathurst [2016] EWHC 3033 (Ch)
JUDGMENT MATTHEWS M: [1] In this application under the Variation of Trusts Act 1958, a small part of the scheme of arrangement proposed involves a change to the provision for the appointment of new trustees. The original settlement provided for appointment by the settlor during his life. He is now dead, and so the statutory …
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Armstrong v Onyearu [2017] EWCA Civ 268
JUDGMENT LJ RICHARDS [1] Where property jointly owned by A and B is charged to secure the debts of B only, A is or may be entitled to a charge over B’s share of the property to the extent that B’s debts are paid out of A’s share. This is known as the equity of …
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Akita Holdings v Turks and Caicos Islands [2017] UKPC 7
JUDGMENT LORD CARNWORTH: [1] This appeal concerns the remedies available against a knowing recipient of property acquired at an undervalue from the government by a minister acting in breach of his fiduciary duty. The facts [2] The property in question is made up of four parcels of land on Providenciales, Turks & Caicos Islands (TCI) …
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Akers & ors v Samba [2017] UKSC 6
JUDGMENT LORD MANCE: (with whom Lord Neuberger, Lord Sumption, Lord Collins and Lord Toulson agree) [1] This is an appeal from an order of the Court of Appeal (Longmore, Kitchin and Vos LJJ) dated 4 December 2014, which set aside an order of the Chancellor dated 28 February 2014 staying the present proceedings. The points …
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Slattery v Jagger & ors [2015] EWHC 3976 (Ch)
JUDGMENT HHJ HODGE QC: [1] This case concerns the last will of the late Mr Albert Jagger who died on 27 March 2014 at the age of 89. Prior to his death, he had made two wills which are relevant for present purposes. The first was executed on 5 April 2007 and was made not …
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March 1, 2017
The Royal Society v Robinson & ors [2015] EWHC 3442 (Ch)
JUDGMENT NUGEE J [1] I have before me a claim to construe a will or in the alternative to rectify it, or in the further alternative for it to be admitted to probate with certain words omitted. [2] The testator, Mr Michael Crowley-Milling (whom I will call Mr Crowley-Milling) was born in 1917 and died …
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Park v Cho & ors [2014] EWHC 55 (Ch)
Judgment MR JEREMY COUSINS QC: INTRODUCTION [1]This is an appeal against the order of Master Marsh made on the 4 July 2013, whereby he directed that the stay ordered by Deputy Master Henderson on the 7 March 2012 be lifted on the basis that the Claimant, Mr Park, had obtained authority from the Charity Commission …
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Matchmove v Dowding & anr [2016] EWCA Civ 1233
JUDGMENT SIR TERENCE ETHERTON, LLOYD JONES LJ and ARNOLD J: Introduction [1] This is the judgment of the court. [2] This is a dispute between former friends as to the effect of an oral agreement to purchase property comprising a building plot (plot 1) and a ten acre meadow (the meadow). Following that oral agreement, …
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Magiera v Magiera [2016] EWCA Civ 1292
JUDGMENT LADY JUSTICE BLACK: [1] This appeal concerns the jurisdiction provisions of the Council Regulation (EC) No 44/2001 on jurisdiction and the recognition of judgments in civil and commercial matters (‘Brussels I’). It is against an order made by Bodey J, on 6 July 2015, refusing to dismiss or stay proceedings brought in relation to …
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