Wills & Trusts Law Reports | Winter 2022 #189The appellant was the widow of Mohammed Yousaf Khan (Mr Khan), who had died on 22 March 2015 without making any financial provision for her under the terms of his last will dated 11 February 2014 (the 2014 will). Instead, Mr Khan had left the entirety of his estate, after payment of debts and expenses, to his daughter and personal representative, the respondent. The appellant, who was elderly and disabled, had lived at 22 Lombard Avenue, Dudley (Lombard Avenue) since 1993.
Probate was granted on 11 April 2016 and solicitors instructed by the respondent wrote demanding possession o...
Wills & Trusts Law Reports | Spring 2022 #186New Quadrant Trust Corporation Ltd (the trustee), a professional trustee corporation and trustee of a discretionary trust (the trust), decided to sell the trust’s shares in a company known as Lifetime Home Securities Ltd (LHS), such shares representing approximately 25% of the value within the trust. LHS had traded in home equity release arrangements but was then non-trading, with around 13 properties remaining on its portfolio and a remaining director who was 92 years old. The trustee considered that a sale of the shares was more tax efficient, would diversify the trust’s portfolio and ...
Wills & Trusts Law Reports | Autumn 2021 #184The claimant, a Mongolian national, was the second wife and widow of the deceased. She applied for an interim anti-suit injunction against two of the three defendants, the deceased’s adult children, restraining them from continuing proceedings against her in Italy pending a trial of a dispute concerning the deceased’s will in England.
The deceased was born in Italy, but was a naturalised British citizen. He had lived in England for 58 years until his death, aged 78, in 2018. His entire working life had been in England. He paid tax in the UK. He had raised a family in England (incl...
David Manda and Ruth Ormrod report on the Court of Appeal case of Boyd v Ineos Upstream which has provided guidance on the controversial issue of bringing injunctions against ‘persons unknown’ ‘The court discharged those injunctions that purported to prevent unknown people from taking part in protests which may affect Ineos’ suppliers, because they were …
Continue reading "Injunctions: A workable remedy"
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James Neill and Chris Hoyle provide a commercial litigator’s guide to the suspension of the award of a public contract ‘This article focuses on one distinctive feature of the current public procurement regime, namely the remedy of an automatic suspension to the award of a public contract.’ Separated by only five years, there is a …
Continue reading "American Cyanamid: You cannot be serious – John McEnroe, quantum physics and public procurement"
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Chris Murray and Stuart Cairns report on a recent decision supporting an automatic suspension ‘The judge highlighted the trusts‘ position as an incumbent provider and recognised that losing the contract would have a significant impact not only on the staff but also on healthcare services more generally.‘ In Lancashire Care NHS Foundation Trust v Lancashire …
Continue reading "Healthcare: Competing authorities"
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A recent case contains important guidance on drafting restrictive covenants, applying for springboard injunctions, handing over emails and complying with procedural rules, explain Rebecca McGuirk and Anna Scott ‘It is not possible for an employer to impose a covenant just because it does not want an ex-employee to compete with it.’In Capita plc v Darch …
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Emily Heard weighs up the adequacy of damages and the lifting of the automatic suspension when profit is not the only consideration ‘The circumstances in which damages will be an adequate remedy for non-profit-making suppliers is a key issue on which there appears to be a divergence of judicial opinion.’In the recent High Court procurement …
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Paul McFarlane and Louise Singh comment on the education secretary’s recent attempt to have proposed industrial action ruled unlawful ‘Courts may be willing to consider interventions by a secretary of state, who is not the employer, where they find this to be in the public interest.’ In The Secretary of State for Education v National …
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David Sawtell reviews recent guidance on the American Cyanamid test ‘Whether or not damages will be an adequate remedy for either party is, in practice, often difficult to assess. The court will therefore have to predict whether granting or withholding an injunction is more or less likely to cause irremediable prejudice.’Applications for interim injunctions are …
Continue reading "Injunctions: Holding the balance"
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