Richard Smaller and Francis Ng examine accounting on a footing of wilful default, with reference to Re Cadogan Claims for an account on a footing of wilful default are rare. HHJ Klein’s judgment in Re Cadogan, however, shows that there remain cases where the jurisdiction is relevant. This article concerns the long-running case of Re …
Continue reading "Administration of estates: A long-running saga"
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Wills & Trusts Law Reports | Summer 2021 #183C and D1-D4 were the children of Mrs Veronica Cadogan (VC), who died in 2011. VC’s will left her residuary estate to them in equal shares. In 2013, C and D1 took letters of administration with the will annexed. They remained as administrators until they were replaced by D5 at the first case management hearing in the proceedings.
VC’s estate included 14 English properties. Following her death, each of C and D1-D4 had informally taken over or remained in control of one or more properties and either occupied or received rent from them. This continued during the period of ...
Wills & Trusts Law Reports | Winter 2020 #181This was an appeal against summary judgment on a claim for equitable compensation for £13,149,479 plus interest at 2.5% pa compounded annually.
A was a director of R. A and his sister (Ms Patel) had founded R and had been sole directors and (directly and indirectly) owned all of the shares. Between 2009 and 2014, A had caused R to pay £13,763,452 against sham invoices to Dubai companies. The Dubai companies had retained 5-10% of the invoiced sums and paid the balance to A (and Ms Patel’s) personal bank accounts, to them in cash, and to third parties for the purchase of a New York ...
