Barnett v Creggy [2014] EWHC 3080 (Ch)
January/February 2016 #156This was a claim for an account and associated enquiries and for equitable compensation brought by Jeffrey and Peter Barnett (the claimants) against their former solicitor Stuart Creggy (Mr Creggy). The claimants were entrepreneurs in the restaurant business. Mr Creggy’s practice consisted of establishing offshore companies for clients and providing services to those clients in respect of depositing, investing and withdrawing funds held in those companies. Mr Creggy ceased to be a solicitor in 1998, but continued to provide those services until 2002.
The claimants were clien...
Bellis v Challinor [2015] EWCA Civ 59
January/February 2016 #156The case concerned a property investment scheme relating to land at and around an airport known as Fairoaks (the Fairoaks scheme). The Fairoaks scheme was the last in a substantial series of schemes (the Albemarle schemes) which, prior to the Fairoaks scheme, were unregulated collective investment schemes promoted by Egan Lawson (later ECS after its takeover by Erinaceous Group PLC (Erinaceous)) involving investment through a single purpose vehicle (SPV). The underlying subject matter of each scheme consisted of either commercial or development property or a mixture of both. The schemes ...
Bowring & anr v HMRC [2015] UKUT 550 (TCC)
January/February 2016 #156The appellants (CB and JB) brought an appeal against a decision of the First-tier Tribunal (FTT) on 25 June 2013 in which it dismissed the appellants’ appeals against closure notices by HMRC containing amendments to the appellants’ self-assessment tax returns for 2002-03. The effect of the amendments was that the appellants were liable to capital gains tax (CGT) of £849,644 and £317,417 respectively of additional gains under s87 of the Taxation of Chargeable Gains Act 1992 (TCGA) and supplemental charges under TCGA, s91.
In 1969, the appellants’ father settled an offshore discreti...
Credit Agricole v Papadimitriou [2015] UKPC 13
January/February 2016 #156In 2000 Mr Robin Symes, an art dealer, sold for US$15m a collection of art deco furniture belonging to the respondent. The respondent did not give her consent to the sale, and Mr Symes had no right to sell the collection. US$10.4m of the sale price was paid to a Panamanian company, Tradesk Limited. Of this, US$10.3m was then paid into an account at the appellant bank through a Liechtenstein foundation called Pataco Foundation. The monies were deposited in the Gibraltar branch of the appellant and credited to the account of Lombardi Corporation, which was a British Virgin Islands company ...
Ingrey v King & anr [2015] EWHC 2137 (Ch)
January/February 2016 #156This was an application by Mr Ingrey, the proving executor of the estate of John Henry King (the deceased) seeking direction in relation to the distribution of Mr King’s estate (the estate). The defendant, Ashley King, is the deceased’s son and sole beneficiary of the estate following the compromise of a claim brought under the Inheritance (Provision for Family and Dependants) Act 1975 by the deceased’s widow and two young children.
The estate was sworn for probate with a gross value of c.£9.6m and a net value of c.£3.5m. The assets in the estate included a share of a partnership ...
Worthing & anr v Lloyds Bank plc [2015] EWHC 2836 (QB)
January/February 2016 #156The claimants had been customers of the defendant bank since 2000. Following the sale of their business in September 2006 for £5m, their bank manager arranged an introduction to the defendant’s Mayfair banking service, which was the division providing banking services to ultra-high-net-worth individuals for the purpose of receiving advice regarding the investment of the proceeds. The defendant sought information about the claimants’ financial circumstances and asked a series of questions designed to identify their appetite and capacity for risk. The defendant then produced a ...
Re the Onorati Settlement [2013] JRC 182
December 2015 #155This was an application by two beneficiaries of the Onorati Settlement, a Jersey discretionary trust (the trust), to set aside a deed of appointment distributing the trust fund to them. The application was made under the so-called principle in Hastings-Bass on the basis that the trustee had failed to take into account considerations which they ought to have taken into account when exercising their discretion, namely the UK tax consequences of making the appointment. Their application was on the basis that the Respondent (the trustee) had failed to take adequate tax advice.
The tru...
Re Paw [2015] EWCOP 57
December 2015 #155This was the application by ARW for an order appointing himself and two others, SJ and BQ, jointly to be deputies for property and financial affairs of his wife PAW who was unable to make decisions relating to her property. SJ and BQ were relatives of PAW who were close to her. ARW’s health had deteriorated since the application had been made and he was suffering from dementia.
The application was opposed by IW, one of ARW and PAW’s sons. IW objected to ARW being a deputy on the basis that he could not remember continuity of facts. IW objected to SJ on the basis she wa...
Preedy & anr v Dunne & ors [2015] EWHC 2713 (Ch)
December 2015 #155This claim concerned a property. The freehold had belonged legally and beneficially to J who had run a business of a pub and restaurant from the property in partnership with her husband B. J died in 1997. On her death the property passed by her will to her executors and trustees, essentially for the benefit of B for his life and, subject to B’s interest, for J’s three children in equal shares (the will trust).
The claimants were the current trustees of the will trust and hence the legal owners of the freehold of the property. The first defendant was J’s son (one of the beneficiari...
Shenken v Phoenix [2015] CSOH 96
December 2015 #155This case concerned whether a Florida attorney who had not obtained a grant in the UK had capacity to receive the proceeds of certain life insurance policies. The proceeds of two life assurance policies were held in trusts established by Mr Pinder and his then wife (Mr Pinder’s trust and Mrs Pinder’s trust respectively). Both trusters are now deceased and the sums assured under the policies became payable on the second death on 17 November 2010. On Mr Pinder’s death he was the sole remaining trustee of his trust and on his death the trust became a lapsed trust. On 2 March 2011 letters of...