Benjamin v Benjamin & anr [2024] WTLR 411
Wills & Trusts Law Reports | Summer 2024 #195The claimant was the child of the first defendant (his father) and the second defendant (his mother). On 5 March 1999, the defendants settled shares in the family company (BPL) on themselves as trustees of a discretionary trust for the benefit of the claimant and his brother and their issue.
The claimant’s case was that the defendants had assured him that half of the family business would eventually pass to him, but that he suspected that something had happened which was inconsistent with those assurances. In March 2021, the claimant requested from BPL’s accountants a copy of its ...
Lomax v Lomax [2020] WTLR 191
Wills & Trusts Law Reports | Spring 2020 #178The claimant made an application under the Inheritance (Provision for Family and Dependants) Act 1975 as a widow of the deceased. She wanted the parties to engage in Early Neutral Evaluation (ENE), but the defendant refused to do so. The claimant asked the court to order an ENE under CPR r3.1(2)(m).
At first instance, Parker J made it clear that she believed that an ENE would be of benefit to the parties, but declined to order this. The claimant appealed against the decision not to order an ENE.
The single issue on appeal was whether a court can order an ENE in cir...