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Poole & anr v Everall & anr [2016] EWHC 2126 (Ch)
JUDGMENT HHJ DAVID COOKE: Introduction [1] This case concerns a will executed by David John George Poole (whom I will refer to as David, as he has been throughout the case) on 26 December 2012 (the December will). David died on 19 March 2013, aged 46. The will was prepared by the first defendant Mr …
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November 1, 2016
Gorbunova v Estate of Boris Berezovsky & ors [2016] EWHC 1829 (Ch)
JUDGMENT MR JUSTICE ARNOLD Introduction [1] There are two applications before the court. The first is an application by notice dated 20 May 2016 by the ninth to eleventh defendants (the trustees), who are the joint trustees of the insolvent estate of the late Boris Berezovsky (the estate) to strike out, alternatively for summary judgment …
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Erceg v Erceg & ors [2016] NZCA 7
JUDGMENT FRANCE P: A. The appeal is dismissed. B. The appellant is to pay the respondents’ costs for a standard appeal on a band A basis with usual disbursements. C. Order that no person other than the parties can access the court file without the leave of a judge. D. Order prohibiting publication of facts …
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Davis v Wiggett [2016] UKUT 358 (TCC)
JUDGMENT COOKE, J [1] Luke Davis is the registered proprietor of 68b Queen’s Road, a flat in Cheltenham; it was bought in 2008 for £137,500. In 2010 Wayne Wiggett applied for restrictions to be entered on the register of title to the flat to protect the beneficial interest that he claims in it; in 2011 …
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Davies & anr v Davies [2013] EWHC 2623 (Ch)
JUDGMENT FLOYD LJ: Introduction [1] This appeal arises in connection with a claim by the respondent, Eirian Davies, to be entitled to an interest in her parents’ pedigree dairy farm called Henllan in West Wales, or other equitable relief, based on the doctrine of proprietary estoppel. The parents, Tegwyn and Mary Davies, seek to evict …
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Butler & anr v Butler & anr [2016] EWHC 1793 (Ch)
JUDGMENT I direct that pursuant to CPR APD.6 para 6.1 no tape recording shall be made of this judgment and that copies of this version shall stand as authentic and be treated as the official transcript. HHJ BARKER QC: The Proceedings [1] The parties are siblings. They have been referred to throughout by their forenames, …
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Barnsley & ors v Noble [2016] EWCA Civ 799
JUDGMENT SALES LJ: [1] This judgment concerns the proper interpretation of an exoneration clause contained in a will to relieve the trustees under trusts set out in the will of personal liability in respect of certain breaches of duty by them. [2] Michael Noble (Michael) and Philip Noble (Philip) were brothers who together built up …
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Baker & anr v Dunne & ors [2016] EWHC 2318 (Ch)
JUDGMENT CHIEF MASTER MARSH: [1] On 14 July 2016 I heard an application made by the claimants, as trustees of the trust of the will of Jean Montgomery, who died on 6 September 1997, for Beddoe relief. I will refer to the claimants as the trustees. The three defendants are Jean Montgomery’s children who are …
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Wood v HMRC [2016] UKUT 346 (TCC)
JUDGMENT MORGAN J/JUDGE TIMOTHY HERRINGTON Introduction [1] This is an appeal against a decision of the First-tier Tribunal (FTT) (Judge Kempster) released on 12 June 2015 (the ‘decision’). [2] By the decision the FTT determined the following preliminary issue: ‘Whether (and, if so, to what extent) the assessments against the late Michael Wood made under …
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September 30, 2016
Sussman v HMRC [2016] UKFTT 523 (TC)
JUDGMENT JUDITH POWELL: Decision [1] This is an appeal by the appellant as personal representative and trustee of the estate of the late Mrs Myra Sussman (the deceased) against a notice of determination issued on 14 September 2012 (the notice). The respondents have not agreed to accept a late appeal against the notice. The tribunal …
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