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Kousouros v O’Halloran & anr [2014] EWHC 2294 (Ch)


JUDGMENT SIMON J: Introduction [1] This is an appeal from the Judgment (dated 28 November 2013) and the Order (dated 17 December 2013) of Her Honour Judge Faber, sitting in the Central London County Court, in relation to the disclosure of documents by the second defendant. [2] The claimant and second defendant are brother and …

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June 30, 2015


JSC Mezhdunarodniy Promyshlenniy Bank & Anr v Pugachev [2015] EWCA Civ 139


JUDGMENT LEWISON LJ [1] There are three appeals before the court, all of which relate to powers exercisable in connection with the grant of a freezing order. The questions that they raise are: i) Does the court have jurisdiction to order a member of a class of beneficiaries under a discretionary trust to make disclosure …

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Crociani & ors v Crociani & ors [2014] UKPC 40


Judgment LORD NEUBERGER: Background Introductory [1] The principal issue on this appeal is whether proceedings (the proceedings) brought in the Royal Court of Jersey by Cristiana Crociani (Cristiana) and others (the respondents) against her mother Edoarda Crociani (Mme Crociani) and others (the appellants) should be stayed on the ground that they were brought in breach …

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Birdseye & anr v Roythorne & Co & ors [2015] EWHC 1003 (Ch)


JUDGMENT MR JUSTICE NEWEY:  [1] The question raised by the present application is whether certain passages in the re-amended particulars of claim should be struck out on the basis that they refer to matters protected by legal professional privilege. Basic facts [2] The proceedings arise out of the death of Mr Dick Dring, who was …

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Akers & ors v Samba Financial Group [2014] EWCA Civ 1516


Judgment VOS LJ: Overview [1] This is the judgment of the court, which I am delivering at the invitation of Lord Justice Longmore. [2] The application that came before the Chancellor of the High Court, Sir Terence Etherton, was in substance a strike out or summary judgment application dressed up as an application for a …

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Quan v Bray & ors [2014] EWHC 3340 (Fam)


Judgment This judgment is being handed down in private on 27 October 2014. It consists of 28 pages (plus two annexures of 18 pages) and has been signed and dated by the judge. The judge hereby gives leave for it to be reported from 27 October 2014. COLERIDGE J/SIR PAUL COLERIDGE [1] Tigers are an …

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May 31, 2015


Re The Portman Estate [2015] EWHC 536 (Ch)


JUDGMENT BIRSS J: [1] This action relates to the Portman Estate. The estate is held for the benefit of the Portman family, principally the children and issue of the 9th Viscount Portman. The family consists of about 90 individuals. The estate has significant property holdings in Central London and owns a large part of Marylebone. …

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Litman & anr v HMRC [2014] UKFTT 089 (TC)


Judgment JUDGE RACHEL SHORT: [1] This is an appeal against a penalty of £35,069.50 for Mr Litman and £23,629.20 for Mrs Newall determined under s95(1)(a) Taxes Management Act 1970 (TMA) being 25% of the tax payable in respect of Mr Litman and being 20% of the tax payable for Mrs Newall for the 2004/5 tax …

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King & anr v Gershon Robertson (St Vincent and the Grenadines) [2014] UKPC 34


Judgment LORD HUGHES: (with whom Lord Mance, Lord Kerr, Lord Sumption and Lord Reed agree) [1] This appeal arises out of a disputed claim to land in Little London, Evesham in St Vincent and the Grenadines. In December 2004 the land was occupied as to part by the defendant Baldwin King and as to the …

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Kennedy & ors v Kennedy & ors [2014] EWHC 4129 (Ch)


Judgment SIR TERENCE ETHERTON: [1] In these proceedings the trustees of a settlement dated 16 December 2003 made by the first claimant, Brian George Kennedy, (the settlement) seek an order to correct a mistake made in the terms of an appointment dated 1 October 2008 (the October 2008 appointment). [2] The mistake was to provide …

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