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Re Miles; The Public Guardian v Miles & ors [2014] EWCOP 40
JUDGMENT SENIOR JUDGE LUSH: [1] This is an application by the Public Guardian for the court to determine the validity of a provision in a lasting power of attorney (LPA). [2] Section 23(1) of the Mental Capacity Act 2005 provides that ‘the court may determine any question as to the meaning or effect of a …
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March 1, 2015
Libertarian Investments Ltd v Hall FACV Nos 14 & 16 of 2012
JUDGMENT MR JUSTICE CHAN PJ: [1] I agree with the judgment of Mr Justice Ribeiro PJ and the judgment of Lord Millett NPJ . MR JUSTICE RIBEIRO PJ: [2] This appeal involves a claim against the defendant, Mr Thomas Hall, for breach of fiduciary duty. Mr Justice Stone held1 and the Court of Appeal confirmed2 …
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JSC Mezhdunarodniy Promyshlenniy Bank & anr v Pugachev & ors [2014] EWHC 3547 (Ch)
JUDGMENT DAVID RICHARDS J: [1] This is an application by the trustees of five discretionary trusts to discharge or vary an order for disclosure of information relating to the trusts made against one of the discretionary beneficiaries of the trusts as part of a worldwide freezing order against him. [2] On 11 July 2014, Henderson …
AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58
JUDGMENT LORD TOULSON: Introduction [1] 140 years after the Judicature Act 1873, the stitching together of equity and the common law continues to cause problems at the seams. The present appeal concerns the remedy available to the appellant bank against the respondent, a firm of solicitors, for breach of the solicitors’ custodial duties in respect …
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V v T & anr [2014] EWHC 3432 (Ch)
JUDGMENT MORGAN J Introduction [1] This judgment concerns applications which were made in three related claims. In each claim, the claimant sought an order under s1 of the Variation of Trusts Act 1958 (the 1958 Act) approving an arrangement proposed to be entered into in relation to an existing trust on the grounds that the …
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January 1, 2015
The Woodland Trust v Loring & ors [2014] EWCA Civ 1314
JUDGMENT SIR COLIN RIMER: Introduction [1] This appeal is against the order dated 28 November 2013 made by Asplin J in the Chancery Division by which she answered a question raised by Barrie and Terry Loring, the executors of the will of the late Valerie Smith, as to the correct construction of clause 5 of …
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Southwell v Blackburn [2014] EWCA Civ 1347
JUDGMENT TOMLINSON LJ: [1] The appellant, David Southwell, appeals against an Order made on 13 December 2013 by HH Judge Pearce-Higgins QC in the Worcester County Court. By that Order the judge ordered him to pay £28,500 to the respondent, Catherine Blackburn. The appellant and the respondent had, in the words of the judge, set …
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Seesurrun & anr v HMRC [2014] UKFTT 783 (TC)
JUDGMENT JOHN WALTERS QC: [1] The appellants, who are husband and wife, and to whom we will refer as Mr and Mrs Seesurrun, appeal against decisions of the respondents (HMRC) that income of certain non-UK entities (including settlements established in the Isle of Man) for the years of assessment 2001/02 to 2005/06 inclusive could be …
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Randall v Randall [2014] EWHC 3134 (Ch)
JUDGMENT DEPUTY MASTER COLLAÇO MORAES: Introduction [1] This is the trial of a preliminary issue ordered on 9 May 2014 with the consent of the parties. At the commencement of the hearing on 6 August 2014 I expressed concern whether costs would be saved by the determination of the preliminary issue rather than dealing with …
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Oates & anr v HMRC [2014] UKUT 0409 (LC)
JUDGMENT P D McCREA FRICS Introduction [1] These are appeals under s31(1) of the Taxes Management Act 1970 by Mr Raymond Oates and Mrs Doreen Oates (the appellants) who are mother and son. They are appealing against the determination by Her Majesty’s Revenue and Customs (the respondent) of the apportionment of the sale proceeds of …
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