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King v The Chiltern Dog Rescue & anr [2015] EWCA Civ 581
JUDGMENT JACKSON LJ: [1] This judgment is in eight parts, namely: Part 1: introductionPara [2] to [7]Part 2: the factsPara [8] to [20]Part 3: the present proceedingsPara [21] to [27]Part 4: the appeal to the Court of AppealPara [28] to [33]Part 5: the law on donatio mortis causaPara [34] to [61]Part 6: has a donatio …
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August 31, 2015
Freedman v Freedman & ors [2015] EWHC 1457 (Ch)
JUDGMENT PROUDMAN J: [1] This is an application made by Part 8 claim for an order that the above settlement dated 4 February 2013 and made between the claimant of the one part and the first and second defendants of the other part be set aside on the ground of equitable mistake. [2] Various representation …
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Fielden v Christie-Miller & ors [2015] EWHC 87 (Ch)
JUDGMENT SIR WILLIAM BLACKBURNE: Introduction [1] These proceedings relate to two separate trusts. The first in time is a settlement created by Charles Wakefield Christie-Miller on 18 February 1967. That settlement (the 1967 settlement) is of land and other assets at Swyncombe (the settlement fund) in Oxfordshire. By clause 2(i) the trustees are to hold …
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Dellal v Dellal & ors [2015] EWHC 907 (Fam)
JUDGMENT MOSTYN J: [1] This case concerns a claim under the Inheritance (Provision for Family and Dependants) Act 1975 in respect of the estate of the legendary property dealer Jack Dellal who died on 28 October 2012 aged 89. I shall refer to the deceased as Jack in this judgment. The claimant is his widow, …
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Beckett & anr v McMillan & anr [2015] NICh 8
JUDGMENT DEENY J: [1] This is an application brought by Andrew Walker and Company, solicitor for Evangeline Jemima Herd (Ms Herd), on 17 February 2014. The matter was determined by the Master in favour of Ms Herd and she appeals from his order to this court. The application was that the claim of the first …
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Allfrey v Allfrey & Ors [2015] EWHC 1717 (Ch)
JUDGMENT MR JEREMY COUSINS QC: [1] On 9 March 2015, I made an order pursuant to the provisions of s1 of the Variation of Trusts Act 1958 (the 1958 Act) whereby the court approved an arrangement for the variation of the trusts of a settlement known as ‘Sir Adrian Swire’s Grandchildren’s Trust’ (the settlement) which …
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Seddon & ors v HMRC [2015] UKFTT 140
JUDGMENT CANNAN J: Background [1] The appellants (the trustees) are the trustees of a settlement known as the Mrs M Seddon Second Discretionary Settlement which was established on 5 March 1999. The original trust property settled by Mrs Seddon was £1 ordinary shares in Seddon Seedfeeds Limited. At the commencement of the settlement the shares …
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June 30, 2015
Scott v Southern Pacific Mortgages Limited & ors [2014] UKSC 52
JUDGMENT LORD COLLINS (with whom Lord Sumption agrees) [1] The transactions with which this appeal is concerned arose during a period when sale and rent back transactions were common. They were what was described by the Office of Fair Trading in 2008 (Sale and rent back: An OFT market study) as a relatively new type …
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Public Guardian v SR & NC [2015] EWCOP 32 (Fam)
JUDGMENT SENIOR JUDGE LUSH: [1] This is an application by the public guardian for an order revoking a lasting power of attorney (LPA) for property and affairs and directing him to cancel its registration. Because of the nature of the application, I am required by the practice guidance on Transparency in the Court of Protection: …
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P v P [2015] EWCA Civ 447
JUDGMENT BLACK LJ: [1] This is an appeal brought by the trustees of a post-nuptial settlement (the trustees) against an order of Mostyn J, made on 25 June 2014, varying that settlement by way of ancillary relief following a divorce between the spouses (hereafter ‘the wife’ and ‘the husband’). The husband and the wife are …
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