David Roberts Art Foundation v Riedweg [2019] EWHC 1358 (Ch)

Wills & Trusts Law Reports | Autumn 2019 #176

The claimant was a registered charitable company and the owner of 15a and 37 Camden High Street, London, SW1 7JE (the property). In or around November 2016 the claimant’s directors decided to sell the property and instructed Robert Irving Burns (RIB) to market it. Following a targeted marketing campaign, the defendant made a formal bid to buy the property for £8,000,000. Heads of terms were agreed on 22 December 2016.

On 10 January 2017, the claimant instructed Mr Bryn Williams of DTZ Tie Leung Ltd (trading as Cushman & Wakefield) (CW) to prepare a report. A report was ...

Howarth v HMRC [2019] EWCA Civ 747

Wills & Trusts Law Reports | Autumn 2019 #176

The Appellant was the settlor of a family trust based in Jersey which, following the merger of two companies, held shares in TeleWork Group plc. Ordinarily a capital gains tax charge would arise on the disposal of the shares but, on the basis of legal advice, it was suggested that this could be avoided if new trustees were appointed before the disposal in a jurisdiction which had no capital gains tax and a double taxation treaty with the UK. In June 2000 the Jersey trustees retired in favour of new trustees resident in Mauritius, in August 2000 the shares were sold in the course of a flo...