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Rosenzweig v NMC Recordings Ltd [2013] EWHC 3792 (Ch)


JUDGMENT MR NORRIS J: [l] NMC Recordings Limited (the charity) was incorporated on the 14 October 1988. Its objects are: a) To advance the education of the public by encouraging the understanding, appreciation and development of music of high artistic calibre composed by living musicians; and b) To maintain, improve and advance the encouragement of …

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June 30, 2014


Lewis v Lewis [2014] EWCA Civ 412


JUDGMENT RICHARDS LJ: [1] This is an application by Mr Peter Lewis for permission to appeal against an order of HHJ Seys Llewellyn QC dated 6 June 2012 in a case concerning wills. The deceased, Mr Kenneth Lewis, had executed a will in 2004 in which he left his residuary estate in equal shares to …

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Keene & anr v Wellcom London Ltd & ors [2014] EWHC 134 (Ch)


JUDGMENT PETER SMITH J: Introduction [1] This is a hearing of a Part 8 claim issued by the trustees of the Graphic Reproduction Federation (the federation). [2] By their application the trustees seek (1) a declaration that the federation was spontaneously dissolved at some stage between 1987 and now (2) alternatively an order dissolving the …

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JS v KB & anr [2014] EWHC 482 (COP)


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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Re DP, The Public Guardian v JM Case no: 12351387


JUDGMENT SENIOR JUDGE LUSH [1] The practice guidance on transparency in the Court of Protection, issued by the President on 16 January 2014, requires judges to give permission for judgments to be published in ‘any case where the issues include whether a person should be restrained from acting as an attorney or a deputy or …

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Catling & ors v Catling & anr [2014] EWHC 180 (Ch)


Approved judgment I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this judgment and that copies of this version as handed down may be treated as authentic. JUDGMENT DAVID HALPERN QC: Introduction [1] This is the trial of a probate action relating to the estate of …

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A County Council v MS & anr 11413486


JUDGMENT DISTRICT JUDGE ELDERGILL 1) Format and headings [1] This judgment is structured under the following headings: 1) Format and headings… Page 933 2) Introduction… Page 933 3) Procedure… Page 934 4) Background facts… Page 934 5) Positions of the parties… Page 935 6) Law on mental capacity and gifts… Page 941 7) The special …

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Williams v Central Bank of Nigeria [2014] UKSC 10


JUDGMENT LORD SUMPTION (with whom LORD HUGHES agrees): Introduction [1] The facts of this case can fairly be described as exotic, but very few of them are relevant to the present appeal. Dr Williams claims to be the victim of a fraud instigated by the Nigerian State Security Services which occurred in 1986. His case …

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May 31, 2014


Swetenham v Walkley & anr 2CL10307


JUDGMENT JUDGE WALDEN-SMITH: (Transcript prepared without access to documentation re checking appearances, accuracy of quotes; spellings, etc) [1] This is a claim brought by Beryl Janeete Swetenham, a protected party, by her litigation friend, her son, Simon Randall Swetenham. The claim is brought pursuant to the provisions of ss1 and 2 of the Inheritance Provision …

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Santander UK PLC v R.A. Legal Solicitors [2014] EWCA Civ 183


JUDGMENT BRIGGS LJ: Introduction [1] In May 2009 Santander UK PLC (formerly Abbey National) (Abbey) agreed to lend £150,000 plus fees to a Mr Srinivas Vadika for the ostensible purpose of assisting him in the purchase of a residential property known as 8 Opal Close, London E16 (the property). Mr Vadika and Abbey instructed R.A. …

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