Summer 2017 #168

Revell v HMRC [2016] UKFTT 97 (TC)

Summer 2017 #168

On 10 December 2014, HMRC purported to close an enquiry into the appellant’s self-assessment for the year 2008/2009 by making amendments to the return so as to increase the tax due for that year to £16,518.60. The appellant appealed this decision principally on the basis that HMRC had failed properly to serve on him a request to file a self-assessment return.

HMRC had carried out a reconciliation of the appellant’s PAYE records showing a significant underpayment. HMRC sent a self-assessment return to what it thought was the appellant’s last known address. He did ...

Trilogy Management Ltd v Harcus Sinclair [2016] EWHC 170 (Ch)

Summer 2017 #168

This was an application by the defendant firm of solicitors (D) for the particulars of claim and reply to be struck out on the ground that they disclose no answer to the limitation defence or summary judgment dismissing the entirety of the claim on the basis that the claimant (C) has no real prospect of success because the claim is statute barred.

The proceedings arose out of a family dispute concerning a charitable trust (F) established by the deceased (OM). By his will OM left his shares in a Jersey investment company (JY) and in the trustee company of F (YT) to the executors an...

Akers & ors v Samba [2017] UKSC 6

Summer 2017 #168

Mr Al-Sanea was the legal owner of shares in five Saudi Arabian banks, including Samba Financial Group (appellant). As a result of six transactions between 2002 and 2008 Mr Al-Sanea agreed to hold the relevant shares in trust for Saad Investments Co Ltd (SICL), a company subject to the laws of the Cayman Islands. Compulsory winding up proceedings of SICL commenced on 30 June 2009 and, six weeks later, Mr Al-Sanea in breach of trust transferred the legal title to the relevant shares to the appellant, purporting thereby to discharge personal liabilities which he had towards it. On 19 Augus...

Twin Benefits v Meek [2017] EWHC 177 (Ch)

Summer 2017 #168

This was an application by the claimant for an order for disclosure against a non-party under CPR r.31.17. The underlying action concerned a claim by the assignee of rights from the twin minor children of the first defendant (‘the twins’) concerning a compromise of earlier proceedings (‘the compromise’). The claimant alleged that neither the twins nor their mother was consulted about the compromise, and the compromise did not properly take account of the twins’ interests.

In the late 1990s the first defendant established an employee benefit ...

Akita Holdings v Turks and Caicos Islands [2017] UKPC 7

Summer 2017 #168

Mr H was a ‘belonger’ (a citizen of the Turks and Caicos Islands) and appointed as a government minister in 2003, remaining in government until 2008. There was a policy entitling a belonger to apply for a conditional purchase lease over Crown Land subject to certain conditions which, if met, entitled the belonger to purchase the freehold title at a discounted rate, in this case of 50% of the open market value.

In 2004, Mr H applied for a lease and in setting the sale price the government relied on a 1998 valuation of the land resulting in a discounted price of $75,200. Unknown to ...

Watt v ABC [2016] EWHC 2532 (COP)

Summer 2017 #168

ABC was awarded £1.5m in settlement of personal injury proceedings in the QBD. ABC executed a revocable personal injury settlement in January 2015 to receive interim payments of damages and to preserve his entitlement to state funded care. In June 2015 the applicant was appointed by the Court of Protection to be ABC’s deputy, on the basis that he lacked capacity to manage his property and affairs. There were difficulties and issues relating to the extent of ABC’s capacity which had arisen in the context of the QBD proceedings, but had not been resolved. The deputy made an app...

Armstrong v Onyearu [2017] EWCA Civ 268

Summer 2017 #168

Mr and Mrs Onyearu were a married couple. Mr Onyearu was declared bankrupt in 2011 and Mr Armstrong was his trustee in bankruptcy. The question before the Court was whether Mrs Onyearu could rely upon the equity of exoneration in order to take a charge over her husband’s share of the matrimonial home.

Mr Onyearu was the sole registered proprietor of the matrimonial home in Catford (purchased in 2000), and he and his wife maintained that they beneficially owned the property in equal shares. In 2005, a loan facility was granted to Mr Onyearu by Bank of Scotland in order to pr...

Bathurst v Bathurst [2016] EWHC 3033 (Ch)

Summer 2017 #168

This was an application under the Variation of Trusts Act 1958 to change a provision relating to the appointment of new trustees of a settlement. Following the death of the settlor, the statutory power under s36 Trustee Act 1925 applies. The variation proposed was that for the future, the principal beneficiary for the time being should have the power to appoint need trustees, with the written consent of the trustees for the time being.

All of the adult beneficiaries of the settlement, and three of the four current trustees supported the change. It was opposed by the fourth trustee...

British Red Cross v Werry [2017] EWHC 875 (Ch)

Summer 2017 #168

Patricia Deeley (Miss Deeley) lived with her unmarried partner, Peter Harding (Mr Harding) in his flat at 87 Beckenham Lane, Bromley (the property) from 1962 to 2008. When Mr Harding died on 11 August 2008, it was believed (incorrectly) that he had not left a will and, therefore, the intestacy rules regulated the succession to his estate. Letters of Administration were granted to one of Mr Harding’s cousins, Maurice John Littlewood (Mr Littlewood) on 2 March 2010. An action brought by Miss Deeley under the Inheritance (Provision for Family and Dependants) Act 1975 (the...