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Re WP [2015] EWCOP 84
SENIOR JUDGE LUSH: [1] This is an application by two attorneys acting jointly under two separate Enduring Powers of Attorney for the retrospective approval of monthly payments of £150 each that they have made to themselves and to their sister from the donors’ funds. The background [2] Bill was born on 20 February 1921 and …
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March 31, 2016
Wilby v Rigby [2015] EWHC 2394 (CH)
HHJ HODGE QC: [1] This is my substantive extemporary judgment on the claim by Mrs Janice Wilby against her brother, Mr Ian Rigby, relating to the administration of the estate of their late mother, Sybil Doreen Rigby. I have already delivered an extemporary procedural judgment which sets out some background to this claim, and this …
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Ross v A [2015] EWCOP 46
SENIOR JUDGE LUSH: [1] This is an application by a professional deputy for an order authorising him to apply approximately £17,000 a year from A’s damages award towards the payment of her brother’s school fees. Facts [2] A is 18 years old and lives in Hertfordshire with her: (a) father, F, who is 47; (b) …
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Henderson v Wilcox [2015] EWHC 3469 (Ch)
DAVID COOKE HHJ: [1] The claimant in this case is Ian Henderson (Ian). Ian’s mother, Mrs Lillian Henderson, died on 2 April 2013 as a result of injuries sustained in a severe assault on her by Ian on the night of 13 March 2013. Ian was convicted of manslaughter at a trial on 15 September …
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Re H [2015] EWCOP 52
JUDGMENT SENIOR JUDGE LUSH [1] There are two provisions in the Mental Capacity Act 2005 (MCA) that seem to contradict each other. Section 16(4)(b) envisages that a deputyship appointment will be of limited duration, whereas s19(5) facilitates an appointment that could last for decades. [2] Section 16(4) states that: ‘When deciding whether it is in …
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Goenka v Goenka [2014] EWHC 2966 (Ch)
HHJ HODGE QC: [1] Yesterday, from about 10.30am until about 4.40pm, I heard the trial of a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This is my extemporary judgment. [2] The claim raises an interesting, and apparently novel, point as to the true scope of s8(1) of the 1975 Act: is …
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Aster Healthcare Limited v The Estate of Mohammad Shafi [2014] EWHC 77 (QB)
ANDREWS J: [1] This is an appeal from the decision of HH Judge Million in the Willesden County Court to grant summary judgment to the claimant in a claim against the estate of the late Mr Mohammed Shafi for outstanding care home fees. It raises interesting and important issues about the relationship between s7 of …
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Appleby Corporate Services v Citco Trustees 17 ITELR 413
BANNISTER J: [1] In these proceedings, the current trustee of a British Virgin Islands (BVI) discretionary trust asks for an order requiring the former trustee (in effect) to reconstitute the trust fund by compensating the trust for losses which it claims were suffered by the trust as a result of the negligence of the former …
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Re SF [2015] EWCOP 68
[1] This is an application by the public guardian for the court to revoke an enduring power of attorney (EPA) and to direct him to cancel its registration. JUDGMENT SENIOR JUDGE LUSH: The background [2] Sheila was born on 8 April 1928. She and her husband, Ronald, retired from Lancashire to Powys in the late …
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March 1, 2016
O’Kelly v Davies [2014] EWCA Civ 1606
JUDGMENT PITCHFORD LJ: The appeal [1] This is an appeal from the decision of His Honour Judge Vosper QC, sitting at Swansea County Court on 14 March 2013, when he made a declaration that the defendant (‘the appellant’) holds the freehold property at 74 Lon Olchfa, Sketty, Swansea on trust for herself and the claimant …
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