Garcha & ors v Moore & ors [2014] EWHC 2754 (Ch)
April 2015 #148Sri Guru Singh Sabha Southall (the charity) was a registered charity whose objects included the advancement of religion. An executive committee was responsible for the management of the charity and, with 10,000 members, there was a tendency to form factions. A former president of the charity (Mr Sohi) was expelled from membership, following a change of office, and commenced proceedings against the members of the executive committee then in power (the old committee) for a declaration that the resolution of expulsion was null and void. They were sued on their own behalf and on behalf of al...
Re PC; Public Guardian v AC & JC [2014] EWCOP 41
April 2015 #148PC was born in 1936. She suffered from vascular dementia and Alzheimer’s disease. In June 2009, she had executed an LPA for property and affairs, appointing her sons, AC and JC, as her attorneys jointly and severally. The LPA was registered on 12 August 2009. In June 2013, an application to the Court of Protection was made by the Public Guardian (OPG) for an order revoking the LPA, and directing them to account to the OPG for their dealings under the LPA. The OPG had been informed that the attorneys had not been paying their mother’s care fees and that arrears had accumulated...
Pike v HMRC [2014] EWCA Civ 824
April 2015 #148The appellant set up a company in March 2000 which issued shares to him. Three days later, the company issued £6m nominal of loan stock with a right to a premium on redemption of 7.25% per annum. The 7.25% accrued on a daily basis until redemption. Five days after the issue of the loan stock the loan stock was transferred into a settlement and the value of the loan stock at this time was declared as just over £2.5m. The company commenced trading thereafter.
On his annual return, the appellant claimed relief for a loss of approximately £3.5m which he claimed to have sustained on th...
Tamlin & anor v Edgar & ors [2011] EWHC 3949 (Ch)
April 2015 #148The claimants were trustees of a 1983 children’s trust, and a trust called the Lower Green Farm trust. The 1983 trust had been created by Anthony Samuel Edgar (the testator) in March 1983 for the benefit of his four children. The fund was divided in four equal shares, and each to be held for each child contingently upon attaining 25. The share was to be retained by the trustees on life interest trusts to pay the income to the child for life with a power to advance the capital of that share to him/her.
The Lower Green Farm trust had been made in the testator’s will of ...
Walker & anr v Badmin & ors claim no HC121304229
April 2015 #148Elizabeth Jane Walker (Mrs Walker) was born on 25 March 1956. She married John Walker in 1981, and with him she had two daughters, Jennifer and Alison. In 2007, she left her husband and began to live with Michael Badmin (Mr Badmin).
On 20 June 2009, Mrs Walker was diagnosed with a terminal, malignant brain tumour. Following the prescription of medication, she began to suffer from symptoms of psychosis. However, her condition gradually improved, and she was discharged from hospital on 20 July 2009. Mrs Walker’s health begun to deteriorate in Autumn 2009. By October, she was bed-bou...
Wright & anr v National Westminster Bank Plc [2014] EWHC 3158 (Ch)
April 2015 #148On 20 August 2012 Richard Wright signed a discretionary trust of which the National Westminster Bank was the trustee. The beneficiaries named were the widow, children and remoter issue of the settlor. There was a power to add beneficiaries but not the settlor or anyone who has previously added property to the settlement or the spouse of the settlor.
Clause 15 stated that no capital or income could be paid to the settlor, the spouse of the settlor or anyone who had added property.
At the first meeting with the bank the representative of the bank specifically told Mr W...
Re Miles; The Public Guardian v Miles & ors [2014] EWCOP 40
March 2015 #147This was an application by the Public Guardian for the court to determine the validity of provisions in two lasting powers of attorney, one for property and affairs and one for health and welfare (the LPAs). The LPAs were made by by Mrs Miles on 27 November 2013. A solicitor called Mr Satchell drew them up.
Under the LPAs Mrs Miles appointed her husband and daughter as her attorneys under both powers; appointed her son as her replacement attorney; directed that her attorneys act jointly for some decisions and jointly and severally for others; selected option A in the health and we...
Rathbone Brothers Plc & anr v Novae Corporate Underwriting Ltd & ors [2014] EWCA Civ 1464
March 2015 #147Rathbone Brothers plc (Rathbone) was a substantial international group whose trust business included the management of family trusts for wealthy clients. Mr Egerton-Vernon (EV) was an employee of, and subsequently a consultant to, its subsidiary, Rathbone Trust Company Jersey Ltd (Trust Company). He was entitled to an indemnity from Rathbone and the trust company for liabilities arising from the performance of his services as a personal trustee of the Walker Trust to a limit of £40m. Rathbone took out insurance for itself and its subsidiaries (including the trust company) with AIG, which...
Roadchef (Employee Benefits Trustees) Ltd v Hill & ors [2014] EWHC 3109 (Ch)
March 2015 #147The claimant was an Employee Benefit Trust (EBT) created by a company as part of a scheme to encourage employee share ownership. The mechanics of the scheme were that the EBT borrowed funds from a bank which it used to purchase shares in the company, with the loan being secured by a charge on the shares and guaranteed by the company. A separate share participation scheme (SPS), financed through funds provided by the company, purchased shares from the EBT which it then transferred to beneficiaries of the scheme (being employees of the company) in accordance with directions provided by the...
Williams v Seals & ors [2014] EWHC 3708 (Ch)
March 2015 #147The deceased, Mr Seals, (D) committed suicide on 10 December 2013. He was depressed following his wife’s death from cancer in August 2010. However, the mental health team who saw him in September and November 2012 did not identify any major disordering mental illness. After his wife’s death D renewed a childhood friendship with the applicant Mrs Williams (B) and letters he wrote to her suggested a considerable degree of emotional dependence upon her. On 12 May 2011 he made a will using B’s solicitors and appointed her his executrix. He left her all his property and assets. At the same ti...