First City Monument Bank plc v Zumax Nigeria Ltd [2019] WTLR 511
Summer 2019 #175The claimant held accounts in Nigeria with IMB International Bank, whose rights and obligations had been inherited by the defendant through a series of mergers. IMB itself held ‘correspondent’ accounts with a London bank. The claimant often received funds to an Isle of Man nominee which held a bank account in London.
In a series of 10 transfers between 2000 and 2002, the claimant’s nominee gave instructions to its bank to transfer sums to one of IMB’s accounts variously identifying the ‘beneficiary’ as IMB but in eight cases ‘for further credit to’ the claimant. Sums totalling $3,...
Griffin v Higgs & ors [2019] WTLR 539
Summer 2019 #175By her last Will and Codicils thereto Patricia Folkes appointed the First and Second Defendants, who were her solicitors, and the Third Defendant, who was her accountant, to act as executors (“Executors”). Her estate, which included a large house in substantial grounds called Stourton Hall and a holiday home at Pen-y-Graig, was left on discretionary trusts for the benefit of her three children and seven grandchildren. She also left a letter in which she said that her personal chattels at those properties had already been given to the Fourth Defendant, Constantine Folkes. She died on 20 D...
Gupta v Gupta & ors [2019] WTLR 575
Summer 2019 #175The Claimant (‘Rakesh’) sought to pronounce against the only will made by his late mother, Urmila Rani Gupta (‘the Will’). The Defendants were his two siblings (‘Naresh’ and ‘Sashi’), their children and his own children. The only party actively defending the claim was Naresh – he also brought a Part 20 Claim to appoint an independent administrator of the estate. The Part 20 Claim was not opposed.
The Deceased and her husband Laxmi made mirror wills in November 1998. Laxmi died before the Deceased, so the effect of the Will was that it gave Sashi and each grandchild a small pecunia...
Hanspaul & anr v Ward & ors [2019] WTLR 609
Summer 2019 #175The claimants had applied to remove the 1st to 5th defendants as trustees, and the 6th defendant as protector, of a settlement which owned shares in the family company, and for a relief as to the disputed issue of preference shares in the company. The preference shares question was settled during the trial of a preliminary issue, on terms that the claimants’ costs were paid. The trustees and protector all resigned before trial of the removal application. The claimants applied for their costs on the basis that they had achieved the result they sought. The 1st to 4th defendants contended t...
Kohli v Proles [2019] WTLR 623
Summer 2019 #175This was an oral renewed application for permission to appeal from an order and judgment of the master, who found that the deceased had died domiciled in England and Wales. The deceased’s domicile of origin was India and he died there. There was no appeal against the statement by the master of the legal principles involved in determining domicile.
The master held that the deceased moved to England in 2002 and carried on a number of businesses there. The tertiary education of his sons was in England. His wife remained in India in a matrimonial home. He did not apply for British cit...
LCN v KF & ors [2019] WTLR 633
Summer 2019 #175CJF was a thirteen year old boy who suffered very serious neurological damage at birth. He was initially cared for by his mother, KJF, but she had also suffered complications as a result of CJF’s birth, so he ended up being cared for by a foster parent, LR under a Special Guardianship order. LR passed away in 2013, and the Special Guardianship order was transferred to LR’s daughter, EH, and her husband, AH. CJF’s father, BJF, had denied his paternity, was not named on his birth certificate, and had played no role in CJF’s life.
Before she died, LR brought a claim against the NHS T...
Ninian v Findlay & ors [2019] WTLR 645
Summer 2019 #175Mr and Mrs Ninian were married in 1983 when he was aged 49 and she was aged 28. They had a long and loving marriage but had no children or dependents. Thirty years later, when he was aged 80, Mr Ninian was diagnosed with a progressive incurable disease, Progressive Supra-nuclear Palsy. In about August 2016, without his wife’s knowledge or assistance, Mr Ninian contacted Dignitas as he had evidently decided to end his life before his disease entered the final stages. When he told his wife of his decision, she tried to dissuade him from going through with his plan. Mr Ninian was resolute i...
Phillipe & ors v Cameron & ors [2019] WTLR 661
Summer 2019 #175The claimants were the trustees (‘trustees’) of land at Sandy Lane, Cheam (‘land’) which had been occupied by St Andrew’s (Cheam) Lawn Tennis Club (‘club’) since the execution of a declaration of trust dated 11 July 1938 (‘trust deed’). The club had been established for the purpose of acquiring and fitting out land for use at a tennis club by members of St Andrew’s Cheam United Reformed Church (‘church’). When an opportunity arose to acquire suitable vacant land, a general meeting was called at which it was proposed to spend £750 in the purchase of the land and additional sums for the co...
Price v Saundry & anr [2019] WTLR 683
Summer 2019 #175The First Defendant sought to rectify two declarations of trust entered into by the Claimant and the deceased husband of the First Defendant (“Mr Saundry”) in 2006 and 2009. The trusts arose out of a residential property business operated by Mr Saundry and the deceased husband of the Claimant (“Mr Price”).
Both of the declarations of trust related to a large number of properties, which were legally held in Mr Saundry’s sole name, but according to the declarations of trust were beneficially owned as tenants in common in equal shares by Mr Saundry and the Claimant.
The 2006 d...
Tachi v Woodward [2019] WTLR 695
Summer 2019 #175The Claimant issued proceedings in October 2016 inviting the Court to pronounce against the will of the deceased dated 12 June 2007 and in favour of an earlier will dated 10 October 2006, which appointed the Claimant and one other as executors. The Defendant was the sole executor and beneficiary of the 2007 will. After the close of pleadings, directions were given and the matter listed for trial with a time estimate of 5 days, to commence on 5 November 2018.
On 6 March 2018 the Claimant invited the Defendant to consent to the deceased’s previous solicitors, Dixon Ward, being autho...