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Pearce v Beverley [2013] EWHC 2627 (Ch)
JUDGMENT HHJ BEHRENS: Introduction [1] This is a claim by the claimant, Colette Pearce, following the death of her father, John Pearce, on 23 July 2008. Colette Pearce seeks to challenge a number of transactions made by her father which are said to be subject to the undue influence of the defendant, Elizabeth Beverley, or …
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January 1, 2014
Re Frost; Kloosman v Aylen & ors [2013] EWHC 435 (Ch)
JUDGMENT VIVIEN ROSE: [1] This application concerns the will of Mr Richard Frost (Mr Frost) who died on 4 March 2008. The executor of the will is the claimant, Mr Kloosman, a solicitor. [2] Mr Frost was bom on 11 May 1923 and so was 84 years old when he died. The will was signed …
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Re English & American Insurance Co Ltd; Re the Trustee Act 1925 HC13C02801
JUDGMENT Introduction [1] The claim is made by trustees pursuant to s57 of the Trustee Act 1925 (the Act) ‘or the Court’s inherent jurisdiction in relation to trusts’. The trustees, John Mitchell Wardrop (Mr Wardrop) and Michael Steven Walker (Mr Walker), are both licensed insolvency practitioners and partners in KPMG LLP of London (the trustees). …
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Berger v Berger [2013] EWCA Civ 1305
JUDGMENT BLACK LJ: [1] This is an appeal against an order made by HHJ Hayward Smith QC on 5 February 2013 refusing permission for the appellant to make an application for an order under s2 of the Inheritance (Provision for Family and Dependants) Act 1975 (the Act). The appellant needed permission by virtue of s4 …
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Ben Nevis (Holdings) Ltd & anr v HMRC [2013] EWCA Civ 578
JUDGMENT LLOYD JONES LJ: [1] The first appellant (Ben Nevis) is a company incorporated in the British Virgin Islands. It is owned and controlled by a South African based businessman, Mr David King, and/or his trustees. Ben Nevis is liable to the Commissioner for the South African Revenue Service (SARS) for taxes for the 1998, …
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Tociapski v Tociapski [2013] EWHC 1770 (Ch)
JUDGMENT MR ISAACS QC: [1] The claimant and the defendant are the two sons of Mr Igor Tociapski, who died on 12 March 2010. The deceased made a will dated 20 June 2007, under which the claimant and the defendant are the only persons entitled to share in the deceased’s estate. The defendant is the …
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Re Stolkin; Greaves v Stolkin [2013] EWHC 1140 (Ch)
JUDGMENT NEWEY J: [1] Mr Leslie Stolkin (Leslie) died aged 75 on 24 September 2009. He left a will dated 3 December 2001 (the will). He had also, some seven weeks before his death, executed a codicil (the disputed codicil). This case concerns the validity of that document. The claimant, Mrs Pauline Greaves, asks the …
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Ramsay v HMRC [2013] UKUT 0226 (TCC)
JUDGMENT JUDGE ROGER BERNER: Decision [1] The appellant, Mrs Ramsay, appeals, with the permission of this tribunal, against the decision of the First-Tier Tribunal (the FTT) (Judge Huddlestone and Mr Hennessey) released on 25 January 2012. [2] The issue before the FTT was whether Mrs Ramsay had, on 16 September 2004, transferred to a company, …
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Patel v Mirza [2013] EWHC 1892 (Ch)
JUDGMENT HHJ DAVID DONALDSON QC: [1] This action is centred on three men: the claimant, the defendant, and a common friend of each of the two parties, Mr George Georgiou. Though not a party to the action, Mr Georgiou was projected to give evidence in support of the defendant, and the hearing proceeded on that …
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