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Oatley & ors v Oatley Powney & ors [2014] EWHC 1956 (Ch)
JUDGMENT ASPLIN J: [1] This is a Part 8 claim by which the claimants seek rectification of a deed of settlement dated 6 January 1995 made between the late Donald John Oatley; his wife, the late Patricia Mary Oatley, the claimants and Robin McNeil Boyd (the 1995 settlement). [2] The claimants contend that references to …
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September 30, 2014
King v Dubrey & ors [2014] EWCH 2083 (Ch)
JUDGMENT MR CHARLES HOLLANDER QC: [1] The 15th-21st defendants (the charities) are the residuary beneficiaries of the will of the late June Margaret Fairbrother (June), dated 20 March 1998 (the will), which also leaves a total of £19,000 in legacies to friends and family. June died on 10 April 2011 and the will was admitted …
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Kershaw v Roberts & anr [2014] EWHC 1037 (Ch)
JUDGMENT HICKINBOTTOM J Introduction [1] This appeal raises a number of issues concerning claims brought under Part 8 of the Civil Procedure Rules (CPR); and, in particular, the case management and costs management of such claims. [2] The appellant claimant appeals the judgment and order of His Honour Judge Philip Hughes of 30 January 2014, …
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Kaur v Dhaliwal & anr [2014] EWHC 1991 (Ch)
JUDGMENT BARLING J Introduction [1] This is an appeal by the defendants from the judgment of His Honour Judge Powles QC in Brentford County Court on 23 May 2013 (the second judgment). In that judgment the learned judge found in favour of the claimant on a preliminary issue. That preliminary issue was tried in the …
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Hart & anr v Burbidge & anr
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) …
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Giles v Royal National Institute for the Blind & Ors [2014] EWHC 1373 (Ch)
JUDGMENT MR BARLING J [1] This is a claim brought under part 8 of the CPR for rectification of a deed of variation dated 24 November 2007 (the deed of variation) which purported to alter the provisions of the will of Hilda Elsie Bolton with a view to reducing the incidence of inheritance tax, pursuant …
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Re Dion Investments Pty Ltd [2013] NSWSC 1941
YOUNG AJ Introduction [1] On 10 August 1973 a trust deed setting up the Dion Family Trust (a discretionary trust) was executed. The parties were Matthias Wentworth Allen as settlor and Green View Pty Ltd as trustee. The settlor was a Wollongong accountant, the trustee was a company incorporated in Papua New Guinea and having …
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Bayley & ors v SG Associates & ors [2014] EWHC 782 (Ch)
JUDGMENT MR DAVID RAILTON QC Introduction [1] In this matter the claimants are the beneficiaries, and all the beneficiaries, of the AF Phillips trust (the trust). The trust was established under the laws of the British Virgin Islands by deed dated 17 November 1983. Its current trustee, and its trustee at all times material to …
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Re AB (Revocation of Enduring Power of Attorney) [2014] EWCOP 12
JUDGMENT SENIOR JUDGE LUSH [1] This is an application for the court to revoke an enduring power of attorney (EPA) on the ground that, having regard to all the circumstances, the attorneys are unsuitable to be the donor’s attorneys. [2] In accordance with the president’s guidance on the publication of judgments [2014] COPLR 78, unless …
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Parry & ors v HMRC Appeal number: TC/2012/7106
JUDGMENT JUDGE BARBARA MOSEDALE: [1] On 20 April 2012, the executors of the late Mrs Rachel Frances Staveley were served with two notices of determination assessing them to IHT on two alleged transfers of values made by the deceased. The appellants appealed. [2] The parties agreed that this tribunal should only deal with the issue …
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August 31, 2014
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