PO was 88 years of age and lacked capacity to decide where she should live. She had four children, the applicant (JO), and the first, second and third respondents (GO, RO and MP). GO and RO were PO’s attorneys for property and affairs but no power of attorney or deputyship order was extant for welfare decisions.
Until the events giving rise to this application PO was habitually resident in England and Wales, living in her own property in Worcestershire with family and local authority assistance. However, in April 2012, GO moved PO to Scotland, initially to live with him but...
Eldon Foote, the deceased (D) was born in Alberta and lived there for the first 43 years of his life. He married and had five children there. When he died in 2004, his estate was worth approximately $130m. He also controlled a charitable foundation worth approximately $80m and had other assets worth approximately $10m. The bulk of his assets were held through corporations in the British Virgin Islands, and he had some investments and investment properties in Norfolk Island and a cabin in Alberta. D had left Alberta in 1967 to start his business in Australia and, over the next three years...
HMRC assessed B as liable to capital gains tax in respect of properties sold in the year ending 5 April 2001 pursuant to s2 of the Taxation of Chargeable Gains Act 1992. B owned three properties in his sole name, two of which were sold in the tax year ending 5 April 2001. B claimed not to be liable as he was not resident in the UK in that tax year. B lived and worked in the UK from 1980. He married in 1989. He became a self-employed consultant in 1995. In 1998 B and his wife separated and by July 1999 they were divorced. B continued to live at the matrimonial home in Hertfordshi...
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