Continue reading "Summary Judgment: Hot cross bun(ny)"
Akers & ors v Samba Financial Group [2014] EWCA Civ 1516
Wills & Trusts Law Reports | July/August 2015 #151The claimants appealed a decision to stay their claim on the ground of forum non conveniens.
The fourth claimant (C4) was a Cayman company and was massively insolvent, owing US$2.815bn plus interest to a syndicate of banks including the defendant (D). The first (C1), second (C2) and third claimant (C3) were the liquidators of C4. A winding up petition was presented to the Grand Court of the Cayman Islands on 30 July 2009, commencing the winding up of C4. On 18 September 2009, the winding up order was made.
The claim was brought by C1, C2 and C3 pursuant to s127 of the I...
Clarke v Meadus [2010] EWHC 3117 (Ch)
Wills & Trusts Law Reports | March 2013 #127Mrs Clarke was the daughter of Mrs Meadus and Mr R Meadus, who owned a property known as Bonavista as joint tenants. Mr Meadus died in March 1995. Mrs Clarke alleged that prior to his death Mr Meadus expressed that he wanted Bonavista to remain in the family after he and his wife were dead. They wanted Mrs Clarke to live with Mrs Meadus, at Bonavista, for the remainder of her life and she would have Bonavista on Mrs Meadus’s death. Mrs Meadus asked Mrs Clarke and her husband to move in, which they did in September 1995, after allegedly receiving repeated promises that Mrs Meadus would le...
Gudavadze & ors v Kay & ors [2012] EWHC 1683 (Ch)
Wills & Trusts Law Reports | December 2012 #125The deceased (Badri) was a wealthy Georgian businessman. Since Badri’s death litigation, in relation to both the devolution and administration of his estate, had been conducted in numerous jurisdictions. Mr Boris Berezovsky maintained claims against the estate on the basis of alleged joint ventures, but for the purpose of this action supported various members of Badri’s family (the family defendants) in their challenge of documents alleged to have testamentary force.
Badri’s half-cousin and sometime business assistant, Mr Joseph Kay (Mr Kay), had, since Badri...
Page & anr v Hewetts Solicitors & anr [2012] EWCA Civ 805
Wills & Trusts Law Reports | October 2012 #123The claimants (P) were the beneficiaries under their parents’ will. The first respondents Hewetts, solicitors (H) were retained to advise and act for P in the administration of their parents’ estates. The second respondent, Christopher Fuller (F) was employed by H as a legal executive. F was instructed by P in 1998 in relation to a sale of P’s parents’ property. Unknown to P at the time, F carried on business as a property developer through Exnine Developments (E) and recommended that P sell the property for £190,000 to Sahana Enterprises Ltd (S), which had agreed...