Brudenell-Bruce v Moore & ors [2014] EWHC 3679 (Ch)
April 2015 #148The claimant, Mr Brudenell-Bruce Earl of Cardigan brought a claim for breach of trust against two trustees of the Savernake Estate Trust (Mr Moore and Mr Cotton) of which he is a beneficiary. He also challenged the trustees’ remuneration and sought their removal as trustees.
The estate consists of numerous properties including a mansion, Tottenham House with an adjacent stable block. The estate is held on trust for sale and within a partnership with 49% of the partnership belonging to Lord Cardigan absolutely and 51% held by the trustees of the Children’s Trust, the beneficiaries ...
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 ...