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Ilott v Mitson [2015] EWCA Civ 797
JUDGMENT ARDEN LJ: Overview [1] This appeal is about the quantification of an award for maintenance pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). On 7 August 2007, DJ Million made an award of £50,000 in favour of the appellant, the adult child of the deceased. On 3 March …
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September 30, 2015
Hutchings v HMRC [2015] UKFTT 0009 (TC) On appeal from: TC/2013/00644
JUDGMENT MOSEDALE J: [1] Mr Timothy Clayton Hutchings (known by his second name Clayton) appeals against a review decision dated 18 December 2012 in which HMRC upheld the issue on him of a penalty under para 1A Sch 24 to the Finance Act 2007 (FA 2007) reduced after review to the sum of £87,533.80. Background …
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Curtis Green v HMRC [2015] UKFTT 0236 (TC)
JUDGMENT ANNE REDSTON J [1] Mrs Green runs a business called Flagstaff Holidays (the business), which lets five units of self-contained holiday accommodation in a property called Flagstaff House, Burnham Overy Staithe, King’s Lynn, Norfolk (the property). [2] Mrs Green’s case was that she had transferred 85% of the business to a settlement called the …
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Brazil v Durant [2015] UKPC 35
JUDGMENT [1] This appeal concerns the doctrine of tracing. The effective plaintiff is the Municipality of Sao Paulo (the municipality). The Federal Republic of Brazil is nominally a plaintiff because its constitution requires it to be a party to any action brought outside Brazil by a Brazilian public authority. The defendants (Durant and Kildare) are …
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Re Barclays Private Bank & Trust CHP 2014/56
JUDGMENT HIS HONOUR THE DEEMSTER DOYLE: Introduction [1] In this case a trustee has trust moneys within its control and wishes to distribute such moneys but the remaining beneficiaries cannot be found. In such circumstances I have concluded that the trustee should be permitted to pay the trust moneys into court. In such way the …
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Bagum v Hafiz & anr [2015] EWCA Civ 801
JUDGMENT BRIGGS LJ: Introduction [1] This appeal and cross-appeal against the order of HHJ May QC made in the Central London County Court on 9 September 2014 raises (so we were told by counsel) for the first time in this Court questions as to the discretionary power of the court to make orders under s14 …
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Vaughan-Jones & anr v Vaughan-Jones & ors [2015] EWHC 1086 (Ch)
JUDGMENT Approved in Liverpool on 22 April 2015 without reference to any papers HHJ HODGE QC: [1] This is my extemporary judgment on the trial of a Part 8 claim issued in the Manchester District Registry of the Chancery Division on 3 February 2015 under claim number B30MA156. The claim concerns the estate of the …
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August 31, 2015
Sharp v Hutchins [2015] EWHC 1240 (Ch)
JUDGMENT MS L ANDERSON QC: [1] This is a probate action concerning the testamentary wishes of Ronald Hubert Butcher (‘Mr Butcher’). As observed by Peter Gibson LJ in Fuller v Strum [2002] WTLR 199 at para 32: ‘Probate proceedings peculiarly pose problems for the court because the protagonist, the testator, is dead and those who …
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Seals & anr v Williams [2015] EWHC 1829 (Ch)
JUDGMENT NORRIS J: [1] Robert Seals and Andrew Seals commenced Inheritance Act proceedings against the estate of their late father, Arnold Seals. The sole executrix and beneficiary of the estate of the late Arnold Seals is Mrs Williams. [2] There has already been one round of litigation, before David Richards J, concerning entries on the …
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Reading & anr v Reading & ors [2015] EWHC 946 (CH)
JUDGMENT ASPLIN J: [1] This is a Part 8 claim brought by Mrs Janet Reading (‘Janet’) and Mr Richard Flack, the claimants, who are two of the trustees of a nil-rate band trust established by clause 3 of the will of the late John Reading dated 30 January 2004 (‘the will’). [2] John Reading died …
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