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M v M & ors [2013] EWHC 2534 (Fam)
JUDGMENT MRS JUSTICE ELEANOR KING DBE The law [164] The starting point is s24 Matrimonial Causes Act 1973 (which is incorporated into Part III claims by virtue of Matrimonial Proceedings and Property Act 1984, s17(a)(ii)): 24 Property adjustment orders in connection with divorce proceedings, etc. (1) On granting a decree of divorce… the court may …
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December 1, 2013
Re Devillebichot; Brennan v Prior & ors [2013] EWHC 2867 (Ch)
JUDGMENT MARK HERBERT QC Introduction [1] This is a probate action. It relates to the estate of François Anthime Devillebichot, whom I shall call François and who died on 3 March 2011. There is only one potential will in dispute, dated 19 February 2011, less than two weeks before François’s death. The proceedings are somewhat …
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Brown v Stephenson [2013] EWHC 2531 (Ch)
JUDGMENT HHJ BEHRENS Introduction [1] This case concerns three pieces of land: 1. A piece of land now registered under title ND94369 containing the barn known as Capri Lodge, Northgate Farm, Morpeth, Northumberland NE61 3BX. This land has been referred to as ‘Capri Lodge’. 2. A three-acre paddock adjoining Capri Lodge. This land was formerly …
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In the estate of Constance Rose Simon; Simon v Byford & ors [2013] EWHC 1490 (Ch)
JUDGMENT MR N STRAUSS QC Introduction [1] In this case, I must decide whether the last will of Constance Rose Simon dated 18 December 2005 is valid. The issues are whether she had the mental capacity to make the will, and whether she knew and approved of it. There is no allegation of undue influence. …
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November 1, 2013
Rainbird & anr v Smith & ors [2012] EWHC 4276 (Ch)
JUDGMENT MR JOHN BALDWIN QC: [1] The claimants are the trustees of the will of Doreen Gertrude Leader, who died in 2010, and bring this action seeking rectification of the will pursuant to the provisions of s20 of the Administration of Justice Act 1982, on the grounds that it fails to carry out the deceased’s …
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The Pollen Estate Trustee Co Ltd & anr v HMRC [2013] EWCA Civ 753
JUDGMENT LORD JUSTICE LEWISON: Introduction [1] If a charity acquires property in furtherance of its charitable purposes, or as an investment, it is entitled to relief against liability to pay stamp duty land tax (SDLT) on the purchase price. The same applies if a non-charity buys the property as bare trustee for the charity. But …
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Pagel & anr v Farman [2013] EWHC 2210 (Comm)
JUDGMENT HHJ MACKIE QC: [1] This has been the trial of disputes between the two partners in the Second claimant, Gradient Capital Partners LLP, once an exceptionally successful hedge fund. At the end of the first week of trial the first claimant, Mr Pagel, discontinued his claim for some £5.2m which he said the defendant, …
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McIntosh v McIntosh 1LU01921
LINDSAY DAVIES [1] This is a claim brought by Brian McIntosh under the Inheritance (Provision for Family & Dependants) Act 1975. Brian is the younger brother of the deceased, Kevin Alexander McIntosh. Brian has been represented by counsel Michelle Stevens-Hoare QC. [2] The defendant is Alanah McIntosh who is the widow of Kevin McIntosh. She …
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Jeffery v Jeffery [2013] EWHC 1942 (Ch)
JUDGMENT MR JUSTICE VOS Introduction [1] This is my judgment on the retrial of the action. The original trial was conducted before me on 5 November 2012 in the absence of the defendant Mr Andrew Paul Jeffery (Andrew or the defendant) in circumstances that I shall deal with in due course. I gave an oral …
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Green v Astor & ors [2013] EWHC 1857 (Ch)
JUDGMENT ROTH J: Introduction [1] This judgment concerns the costs of an application by the administrator of an estate pursuant to CPR Part 64.2(a). However, to say that it concerns ‘only’ costs would be an understatement. Most of the substantive issues in the application were resolved by agreement and the rest dealt with in a …
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