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Re the Onorati Settlement [2013] JRC 182
Judgment SIR MICHAEL BIRT (Bailiff): [1] This is an application by the representors, as beneficiaries of a sub-fund of the Onorati Settlement, for a declaration that a deed of appointment dated 4 October 2010, made by the respondent (‘the trustee’) as trustee is voidable and should be set aside. The application is made under the …
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December 1, 2015
JSC Mezhdunarodniy Promyshlenniy Bank & Anor v Pugachev & Ors [2015] EWCA Civ 906
JUDGMENT LORD JUSTICE BEAN [1] This is an application for permission to appeal from an order of Rose J refusing to grant a worldwide freezing order against nine corporate respondents in aid of a claim against the first respondent, Mr Sergei Viktorovich Pugachev (Mr Pugachev), and further injunctions against Mr Pugachev and his son, Victor, …
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James & anr v Louisewilliams & ors [2015] EWHC 1166 (Ch)
JUDGMENT JUDGE PURLE: [1] This application relates to the estate and will trusts of Thomas Edward Weetman (the deceased) who died on 3 November 2008. Most importantly, I am asked to appoint replacement trustees under certain of the will trusts created by his last will. [2] The deceased’s last will was made on 19 September …
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Re Harte [2015] EWHC 2351
[1] This is my extemporary judgment in litigation concerning the estate of the late Florence Rosemary Harte, deceased (Claim Number HC 2014 001912). The late Mrs Harte died on 26 October 2013 having made a will dated 10 November 2009. She was pre-deceased by her husband, Mr Patrick Joseph Harte. He had made a will …
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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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Fielden v Christie-Miller & ors [2015] EWHC 2940 (Ch)
JUDGMENT BLACKBURNE SIR WILLIAM [1] This is yet another round in the dispute over the succession to the Swyncombe Estate in Oxfordshire (‘the Estate’). I have already given two judgments in the matter: [2015] WTLR 1165 on 22 January 2015 and [2015] EWHC 752 (Ch) on 20 March 2015. Those two judgments were concerned with …
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Barclays Wealth Trustees (Jersey) Ltd & anr v HMRC [2015] EWHC 2878 (Ch)
JUDGMENT MANN J: Introduction [1] This is an appeal by the taxpayer against a determination of a liability for inheritance tax said to arise in relation to the ten year charge applicable to trusts. At the heart of the case is the question of whether certain property is ‘excluded property’ for the purposes of the …
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Re XZ [2015] EWCOP 35
JUDGMENT SENIOR JUDGE LUSH: [1] This is an application regarding the effectiveness of some provisions contained in a lasting power of attorney (LPA) for property and financial affairs. [2] It is not a type of application for which permission would normally be given for a judgment to be published. However, para 16 of the Practice …
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November 1, 2015
Re OL [2015] EWCOP 41
JUDGMENT LUSH J: [1] ‘An attorney takes on a role which carries a great deal of power, which they must use carefully and responsibly’: Mental Capacity Act Code of Practice, para 7.58. [2] This is an application by the Public Guardian for the court to revoke a lasting power of attorney (LPA) for property and …
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Mills & anr v Mills & anr [2015] EWHC 1522 (CH)
[1] This is the final hearing of a Part 8 claim brought to determine various issues arising in connection with a family trust of land on which is operated The Clockhouse Nursery in Enfield. The parties to the claim are all adult members of the Mills family. Between them, they comprise all of the presently …
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