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Gordon v Legister [2014] EWHC 2041 (Ch)
JUDGMENT MASTER BOWLES: [1] By a claim form dated 4 April 2013, the claimant, Arlene Gordon (Arlene) applies for reasonable provision to be made for her out of the estate of Alonzo Legister. Alonzo Legister (the deceased) (Alonzo) died intestate on 4 February 2012, aged sixty nine. Letters of administration were granted in respect of …
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December 1, 2014
ZYN, R (on the application of) v Walsall Metropolitan Borough Council [2014] EWHC 1918
LEGGATT J Introduction [1] The claimant, whom I will refer to as ‘ZYN’, is severely disabled. She has a need for community care services, part of which is provided by the defendant local authority (‘the council’). [2] ZYN has substantial capital assets, the present value of which is about £550,000, which derive from compensation paid …
November 1, 2014
Setchim & anr v Secretary of State for Foreign & Commonwealth Affairs & Ors [2014] EWHC 2218 (Ch)
JUDGMENT DAVID RICHARDS J: Introduction [1] The Commonwealth Institute (CIC) is a company limited by guarantee, incorporated in 1999 under the Companies Act 1985. It is a registered charity, its objects being to advance education in the Commonwealth and to promote industry and commerce in the Commonwealth for the public benefit by all means, including …
Quaintance v Tandan [2012] EWHC 4416 (Ch)
JUDGMENT HHJ WAKSMAN QC [1] This is an appeal brought with the permission of Proudman J granted on 24 May 2012 against an order made by HHJ Ellis after a trial, the order being made on 27 February 2012. What he had before him was a contested application by the claimant, Miss Tandan, and the …
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Patel v Mirza [2014] EWCA Civ 1047
JUDGMENT RIMER LJ [1] The appellant is Chandrakant Patel, the claimant. The respondent is Salman Mirza, the defendant. Mr Patel’s appeal is against an order made on 5 July 2013 by David Donaldson QC, sitting as a Deputy High Court Judge in the Chancery Division, dismissing his claim for the repayment of £620,000 he had …
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Novoship (UK) Limited & ors v Nikitin & ors [2014] EWCA Civ 908
JUDGMENT LONGMORE LJ [1] This is the judgment of the court to which we have all contributed. Introduction [2] When Odysseus penetrated the underworld, he encountered, among many other ghosts, that of Eriphyle whom Homer (Od. 11.326) calls ‘hateful’ because she had been bribed by Polyneices with Aphrodite’s golden necklace to reveal the whereabouts of …
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Marley v Rawlings & anr [2014] WTLR 1511
JUDGMENT LORD NEUBERGER (WITH WHOM LORDS CLARKE, SUMPTION, CARNWATH AND HODGE AGREED): Introductory [1] On 22 January 2014, we gave judgment in Marley v Rawlings [2014] UKSC 2, in which we allowed Mr Marley’s appeal against the Court of Appeal’s dismissal of his appeal against the decision of Proudman J. She had refused to admit …
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The Charity Commission for England and Wales v Framjee & ors [2014] EWHC 2507 (Ch)
JUDGMENT HENDERSON J Introduction [1] In this action, which I heard on 3 July 2014, the Charity Commission for England and Wales (the Commission) seeks declarations and directions in relation to a fund comprising donations paid by members of the public to an unincorporated charity called the Dove Trust. The claim is brought under s78 …
Hart & anr v Burbidge & ors [2014] EWCA Civ 992 On appeal from: [2013] EWHC 1628 (Ch)
JUDGMENT LORD JUSTICE VOS: Introduction [1] These appeals are from the judgment of Sir William Blackburne, sitting as a deputy judge of the Chancery Division, delivered on 12 June 2013 in two actions that Master Moncaster ordered to be tried together on 24 August 2011. The judge held that Mrs Susan Anne Burbidge (Mrs Burbidge) …
September 30, 2014
Rawstron & anr (executrices of the estate of Lucian Freud) v Freud [2014] EWHC 2577 (Ch)
JUDGMENT RICHARD SPEARMAN QC Introduction [1] In his long and successful life, the late Lucian Freud achieved international recognition as an outstanding painter and draughtsman, and, with it, considerable wealth. He also lived a very full private life. These matters form the background to these proceedings under CPR Part 8, which raise a short point …
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