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Zedra Fiduciary Services (UK) Ltd v HM Attorney General [2024] WTLR 363
JUDGMENT LORD JUSTICE LEWISON: The issue [1] The issue on this appeal is the appropriate application of funds held on charitable trusts under a cy-près scheme made by the court in the exercise of its power under s67 of the Charities Act 2011. [2] Zacaroli J gave two judgments in this case. In the first …
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April 15, 2024
Re A [2023] WTLR 1195
JUDGMENT SHERIFF ROBERT D M FIFE: Introduction [1] This application concerns A, ‘the Adult’ and her capacity to revoke a 2014 Power of Attorney and grant a new Power of Attorney in 2021. [2] The sheriff, having resumed consideration of the cause, finds the following facts to be admitted or proved. Findings in fact [3] …
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November 27, 2023
Bowser v Smith & anr [2023] WTLR 1207
JUDGMENT SIR LAUNCELOT HENDERSON: Introduction [1] This is an appeal against a costs order made by Bacon J (‘the Judge’) on 24 November 2022 (‘the Costs Order’), pursuant to directions which she had given on 3 November 2022 when making a consent order removing the two original executors of the will (‘the Will’) of the …
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Chopping v Cowan & anr [2023] WTLR 1237
JUDGMENT MASTER MARSH; [1] This claim arises in connection with the estate of Terence Charles Robey who died on 2 July 2008. He left a will dated 6 December 2007 under which the Claimant, his daughter, was the beneficiary of the residue of his estate. The defendants were nominated as the deceased’s executors and probate …
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Colicci & ors v Grinberg & anr [2023] WTLR 1249
JUDGMENT: RECORDER MARK ANDERSON KC : [1] I handed down judgment on 18 May 2023, following a trial in March which lasted 4 days. This is my reserved judgment on costs after further submissions at a consequentials hearing on 19 July. I will use the terminology set out in paras 3 to 6 [of] the …
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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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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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