Frame v Rai [2012] BCSC 1876
November 2015 #154The case concerned a dispute over ownership of a property. The property was registered in the name of the deceased, his sister (the plaintiff) and his wife (the defendant) as tenants in common. The plaintiff claimed that she was an owner of a one-half interest in the property based on an agreement entered into between her, the deceased and other family members at the time of purchase of the property in 1994. The defendant asserted that she and the deceased’s estate were solely the beneficial owners of the property, claiming that the reason the plaintiff was included as an owner on ...
Herbert v Doyle & anr [2010] EWCA Civ 1095
November 2015 #154The appellant (Mr Herbert) owned the freehold of a house and a large garden. The respondents (Mr Doyle and Mr Talati) owned the freehold of an adjacent property comprising a dental surgery with nine parking spaces. They also leased part of the ground floor in the main house from Mr Herbert. They carried on a practice as dental practitioners from the freehold and leasehold premises and they and their clients used the parking spaces. Mr Herbert wished to develop the former walled garden of Mansfield House and to build mews houses, but to do so he needed Mr Doyle and Mr Talati to exchange s...
The Law Society v Elsdon & ors [2015] EWHC 1326 (Ch)
November 2015 #154The first defendant practised as a solicitor under his own name until 2013. In that year he began to practise through the third defendant company, which was authorised as a ‘licensed body’ for the purposes of the Legal Services Act 2007. The directors of the third defendant were the first and second defendants.
On 8 December 2014 the Solicitors Regulation Authority decided to intervene in the practice of the first and third defendants and sent notices to the defendants advising them of this.
The decision of the adjudication panel recorded that it decided to inte...
Mills & anr v Mills & anr [2015] EWHC 1522 (CH)
November 2015 #154The claimants brought a part 8 claim for the determination of three issues in relation to a family trust of land on which was operated a family-run plant nursery business. The nursery business was operated through a limited company which was separately owned from the trust and the company paid no rent to the trust for occupation of the land. All parties to the claim were adult members of the family and comprised all of the existing beneficiaries of the trust. The fourth defendant represented the interests of potential unborn beneficiaries. The relief sought by the claimants was unopposed...
Re OL [2015] EWCOP 41
November 2015 #154OL was born on 15 November 1937. Her husband died in 1993. She had three children: an elder son (ES) who is 53, a daughter (DA) aged 51 and a younger son (YS) aged 48.
OL used to live in a maisonette in Stockwell, London. In 2010, DA moved in with OL ostensibly to look after her. In 2011, OL was diagnosed with vascular dementia and on 17 July 2013 she suffered a stroke. According to ES, OL scored 8 out of 30 on a mini mental state examination on 21 August 2013, suggesting that she had severe cognitive impairment at that time.
On 19 October 2013, OL executed a lasting power ...
Re XZ [2015] EWCOP 35
November 2015 #154XZ was a high-net-worth individual with properties in several countries. On 4 December 2013 he executed a lasting power of attorney (LPA) for property and financial affairs, by which he appointed three attorneys. They were to act jointly in relation to all decisions in connection with the sale and purchase of any real estate and the sale or purchase of any other asset with a value in excess of CDN $3m. Otherwise they were to act jointly and severally in relation to all other decisions. The LPA had been carefully drafted with the assistance of Speechly Bircham, Solicitors. In particular, ...
Ilott v Mitson [2015] EWCA Civ 797
October 2015 # 153The appeal concerned the quantification of an award for maintenance pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). Section 1 of the 1975 Act confers the right on, among others, a child of the deceased to apply for an order if the will of the deceased or the intestacy rules did not make reasonable provision for that person. The provision was limited to awards of maintenance.
The appellant, who was an adult, was the only child of the deceased and was raised by the deceased, her father having died about three months before she was born. Fol...
MF Global UK [2014] EWHC 2222 (Ch)
October 2015 # 153MFGUK was part of the MF Global group which carried on business as broker-dealers in financial markets throughout the world. The group’s principal operations in London were carried on by MFGUK. It and other companies in the group entered insolvency proceedings in the United States and England on 31 October 2011. Administrators were appointed under the Investment Bank Special Administration Regulations 2011. MFGUM held funds in two different capacities – money for clients as trustee of the client money trust, and money beneficially on its own account. On their appointment, the admin...
Public Guardian v CT & EY [2014] EWCOP 51
October 2015 # 153CT was born in 1929. He has a wife and two children: a son and a daughter (EY).
On 19 May 2013, CT suffered a stroke, which resulted in left hemiplegia and impaired vision. He was admitted to hospital where he was diagnosed as having vascular dementia.His stroke precipitated a rift within his family, with CT and his daughter aligned on one side and his wife and son on the other.
On 18 June 2013, CT executed a lasting power of attorney (LPA) for property and affairs appointing EY as his attorney and another person as a replacement attorney and named nobody to be given notice...
Scott v HMRC [2015] UKFTT 0266 (TC)
October 2015 # 153This appeal related to an inheritance tax notice of determination dated 22 May 2013 in respect of the estate of Dr Olive Scott (Olive) who died on 4 March 2007. Olive was predeceased by her husband Professor James Scott (James). The appellant, Malcolm Scott (Malcolm), was her surviving son and co-executor. The other executor had been Olive’s son Alistair Scott (Alistair), who died on 7 November 2009. There had been a dispute between Alistair and Malcolm as to the correct inheritance tax position in relation to certain paintings, and this had led to their filing separate IHT400 acco...