St Clair v King & anr [2022] WTLR 703

Wills & Trusts Law Reports | Summer 2022 #187

The defendants were the executors of the deceased’s last will dated 20 May 2009 (the 2009 will). The claimant, who was the stepdaughter of the deceased, challenged the 2009 will. There were seven issues at trial:

  1. (i) whether 2007 wills made by the deceased and her husband (the claimant’s father) were mutual wills such that if the 2009 will was admitted to probate, the estate needed to be administered to give effect to a constructive trust reflecting the terms of the 2007 will;
  2. (ii) whether there was a contract between the claimant and the deceased before the 2009 wi...

Bhaur & ors v Equity First Trustees (Nevis) Ltd & ors WTLR(w) 2022-01

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Wrangle v Brunt & anr [2021] WTLR 1143

Wills & Trusts Law Reports | Autumn 2021 #184

This was an appeal from a first instance judgment in proceedings relating to the estate of Dean Brunt (Dean), who tragically died aged 35 on 8 December 2007, when he was hit by a train. On 25 June 2008, the first defendant/appellant (Marlene), who was Dean’s mother, obtained letters of administration in relation to Dean’s estate on the basis that he died intestate.

Over ten years later, in November 2018, the claimant/respondent, the deceased’s uncle by marriage (Bob), started the proceedings, seeking to revoke the letters of administration issued to Marlene, on the basis that a pu...

Group Seven Ltd & anr v Notable Services LLP & anr [2019] WTLR 803

Wills & Trusts Law Reports | Autumn 2019 #176

These appeals arose from the a ‘brazen fraud’ by which Allseas Group SA was defrauded of €100 million. After the fraud took place, there was an attempt to launder the proceeds through the client account of a London firm of solicitors, Notable Services LLP, whose partners included Mr Landman. Police intervention secured the return of €88 million – the present proceedings concerned attempts to recover the remainder of this sum from Notable, Mr Landman, Mr Louanjli (a bank employee who provided information to Notable) and LLB Verwaltung, the bank who employed him (”the Bank”).

In add...

Fraud: Molodi and Richards a year on

Has judicial benevolence been eradicated? Anthony Johnson explores the effect of two recent fraud judgments ‘In my view, the main thing that practitioners can take away from Richards and Molodi is probably that an atmosphere has now been created where defendants can be more confident in appealing factual determinations of fraud cases.’ Two of the …
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Fraud: The whole truth and anything but the truth

Andrew Beck and Gwendoline Davies take an overview of remedies for commercial fraud, deceit and bribery ‘While there may be circumstances in which it is necessary to plead fraud, parties should be mindful of the possibility that other types of claim may deliver the results they are looking for.’ Civil cases of fraud, deceit and …
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Fraud: Dealing with the new reality

George Davies provides an invaluable insight and his personal view on how fraud cases are currently being dealt with by the courts ‘The current reality is that we have to litigate with an increasingly imperfect system.’ Up until a few years ago, allegations of fraud in road traffic claims were taken very seriously by the …
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Fraud: Who is on the hook?

Should a vendor’s solicitor be under the same scrutiny as those representing the purchaser? Mary Young and Ben Hillman discuss ‘The Law Society Property and Registration Fraud Practice Note asserts the need for caution, as criminals will always attempt to exploit weaknesses in lending and conveyancing systems.’ Victims of identity theft or modern scams frequently …
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Fraud: When gross negligence is not enough

In an article highlighting the key points of a case involving deliberate deceit by a surveyor, Jonathan Brooks explores the principles involved ‘E-mail correspondence abounds and is often of so informal a nature that it is issued without the same level of thought and care that a writer may give to, say, a more formal …
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