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Julia Lomas v AK (Gift Application) [2014] EWCOP B11


JUDGMENT This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the incapacitated person and members of their family must be strictly preserved. All …

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May 31, 2015


The Human Dignity Trust v The Charity Commission For England and Wales CA/2013/0013


Judgment JUDGE ALISON MCKENNA Ms SUSAN ELIZABETH: Decision [1] The appeal is allowed and the tribunal directs the Charity Commission to rectify the register of charities so as to include the Human Dignity Trust. Reasons Introduction [2] The appellant (HDT) appeals against the Charity Commission’s decision of 3 October 2013 to refuse to enter it …

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Drown & anr (as Executors of Leadley Deceased) v HMRC [2014] UKFTT 892 (TC)


Judgment JUDGE BARBARA MOSEDALE: Decision [1] The appellants, as personal representatives of the deceased, Mr Jeffrey John Leadley, appealed against a review decision dated 28 March 2013 which upheld an amendment dated 15 January 2013 of a tax return dated 17 January 2011 for year 09/10. The effect of the amendment was to increase the …

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Chada & ors v HMRC [2014] UKFTT 1061(TC)


Judgment JUDGE JOHN CLARK: Decision [1] The appellants appeal against notices of determination by the respondents (HMRC) dated 8 August 2012, upheld on review dated 9 January 2013, that Mary Bridget Tobin (Mrs Tobin), who died on 27 July 2007, was beneficially entitled to a property and that the full value of that property was …

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University of London v Prag & anr [2014] EWHC 3564 (Ch)


Judgment PROUDMAN J: [1] I am asked to resolve a number of questions raised in a construction summons arising out of a trust deed (the deed) dated 28 November 1944 and made between (1) Eric Max Warburg ‘on behalf of the Warburg Family’, (2) Viscount Lee of Fareham ‘on behalf of the Warburg Society’ and …

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April 30, 2015


Re Trusts (Guernsey) Law, 2007; the AAA Children’s Trust; the Trustees WTLR 683


Judgment RICHARD JOHN COLLAS, ESQ., BAILIFF: The judgment of the court has been redacted to enable it to be published as the hearing was largely concerned with matters pertaining to certain minor children. Introduction [1] This is a trustees’ application within the second category identified in Public Trustee v Cooper [2001] WTLR 903 to bless …

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National Westminster Bank v Lucas [2014] EWCA Civ 1632


JUDGMENT PATTEN LJ: Introduction [1] Sir James Savile, better known as Jimmy Savile, died on 29 October 2011. Under his will dated 24 July 2006 he made a number of small gifts and pecuniary legacies and gave lifetime interests to eight named beneficiaries in a fund of £600,000. The residue of his estate (including the …

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Kicks v Leigh [2014] EWHC 3926 (Ch)


JUDGMENT MR STEPHEN MORRIS QC (A) Introduction [1] This action, commenced on 25 April 2013, concerns the estate of the late Joyce Smith (Mrs Smith) who died, aged 85, on 7 December 2011. The claimants are Mr Paul Kicks and Mrs Lisa Martin, two of Mrs Smith’s grandchildren. They are the children of one of …

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In the matter of an application for information about a trust [2013] CA (BDA) 8 CIV


Judgment EVANS, JA: [1] This appeal is from a judgment of the Chief Justice dated 12 March 2013, and his subsequent order made on 24 April 2013, on the application of a beneficiary under a trust established in Bermuda. The order requires the trustee to produce trust accounts and related documents to the applicant, with …

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Wright & anr v National Westminster Bank Plc [2014] EWHC 3158 (Ch)


JUDGMENT NORRIS J: [1] On 20 August 2012 Richard Frederick Wright (Mr Wright) declared a discretionary trust of which the National Westminster Bank PLC was the trustee. The beneficiaries were described in the third schedule as ‘widow of the settlor, children and remoter issue of the settlor’. There was a power to add beneficiaries to …

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March 31, 2015


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