Power v Bernard Hastie & Co Ltd & ors [2022] WTLR 1459

Winter 2022 #189

The deceased had issued proceedings in 1991 against the defendants for personal injury arising from exposure to asbestos. Liability was admitted and in October 1993 the High Court made an order for damages (accompanied by a statement of agreed facts), which included a provisional damages order (PDO) under s32A Senior Courts Act 1981 in the following terms:

‘The Plaintiff do have leave to apply (without time limit) for further damages pursuant to Order 37 Rule 10 if he does develop the aforesaid conditions or diseases or any of them.’

(Ord.37, r.10 RSC has since been replace...

Rawlinson & Hunter Trustees SA v Chiddicks & ors [2022] WTLR 1475

Winter 2022 #189

The late claimant was the settlor of eight family trusts of which Equity Trust (Jersey) Ltd was the original trustee. Two of the trusts, ZII and ZIII, both Jersey discretionary trusts, were relevant to the proceedings.

In 2006, Equity Trust retired as trustee and was replaced by Volaw Trustees Ltd. Equity Trust had the benefit of an indemnity. In 2008, a property crash led to the trusts becoming insolvent. In 2012, a company owned by ZII and in compulsory liquidation issued proceedings against its director and Equity Trust, which notified Volaw of its intention to rely on the inde...

Reeves v Drew & ors (costs) [2022] WTLR 1549

Winter 2022 #189

In the main action, the claimant sought to prove a purported will dated 2014. The second and fourth defendants challenged the validity of the will on the grounds first of lack of knowledge and approval and secondly, by a late amendment, of undue influence. That amendment required a substantial amount of further evidence to be filed. In a judgment following trial ([2022] EWHC 159 (Ch), available in the WTLR web reports as WTLR(w) 2022-08) the judge found the 2014 will to be invalid for want of knowledge and approval, but dismissed the claim that it was procured by undue influence. The jud...

Sangha v Sangha & ors [2022] WTLR 1561

Winter 2022 #189

The late Hartar Singh Sangha (Mr Sangha) died on 3 September 2016, leaving a complex family life and a large portfolio of property and other assets in both the UK and India. He had made a large number of wills at various times. The interaction of these instruments produced significant disputes among his family members. Mr Sangha had at some times during his life regarded himself as married to the first respondent (Diljit). At other points, he regarded himself as married to the appellant (Jaswinder).

Four wills made by Mr Sangha were placed before the court. These were as follows:<...

Wilson & anr v Spence & anr WTLR(w) 2022-09

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Reeves v Drew & ors WTLR(w) 2022-08

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Matthew & ors v Sedman & ors WTLR(w) 2022-07

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Case update: Stoke-on-Trent City Council, the Home Office and asylum seekers

While conditions at Manston processing centre were grabbing headlines, less was said about the planning challenge brought by local councils wanting to prevent local hotels being used as temporary accommodation by asylum seekers. Saira Kabir Sheikh KC considers the caseAn injunction under s187B is a powerful and useful tool for a local planning authority. However,…

Expiry of commercial leases: Should I stay or should I go?

In the third in the series of articles highlighting the differences and similarities between the laws of Scotland and England and Wales relating to real estate, Michael Ramsay and Sally Anthony look at differences in landlord and tenant lawOne of the areas where there is a significant difference between the jurisdictions in commercial leasing is…

Fire safety: The accountable person – are you ready?

Gemma Irving considers the new responsibilities created by the 2022 ActThe accountable person will be any person or body which holds the legal estate in possession in any of the common parts, or is under a repairing obligation in relation to any part of the common parts. The Building Safety Act 2022 creates new responsibilities…