Manisha Marwaha analyses a Supreme Court decision on the role of the appeal court and the need for options and mitigations to be properly assessed before public law orders are made Re H-W helpfully adds clarity to the role of the appellate court in circumstances where, understandably given the profound effects of the decision to …
Continue reading "Public children: The proportionality of intervention"
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Wills & Trusts Law Reports | Summer 2022 #187This action related to a transfer in September 2009 of shares in five Saudi Arabian banks, then collectively worth about US$318m, by Mr Maan Al-Sanea (who at that time held those shares) to Samba Financial Group (Samba). The claimants were the liquidators of Saad Investments Company Ltd (SICL). They alleged that Mr Al-Sanea had at the time of the transfer held those shares on trust for SICL. The claimants brought a number of different actions against Samba in respect of the transfer of the shares, formulating the case on various legal bases in the various different actions. The iteration...
Wills & Trusts Law Reports | Web OnlyThe long-term partner and customary wife of the deceased claimed that a proprietary estoppel arose in her favour as to the matrimonial home. At first instance, the County Court awarded her a life interest in the property in satisfaction of her equity. On appeal, the High Court upheld the award of the life interest finding that she had detrimentally relied on assurances given by her customary husband, by not purchasing a house of her own. She was not required to demonstrate in great detail how she would have acquired such a house – by virtue of the representations of the deceased she had ...
Wills & Trusts Law Reports | Autumn 2019 #176These appeals arose from the a ‘brazen fraud’ by which Allseas Group SA was defrauded of €100 million. After the fraud took place, there was an attempt to launder the proceeds through the client account of a London firm of solicitors, Notable Services LLP, whose partners included Mr Landman. Police intervention secured the return of €88 million – the present proceedings concerned attempts to recover the remainder of this sum from Notable, Mr Landman, Mr Louanjli (a bank employee who provided information to Notable) and LLB Verwaltung, the bank who employed him (”the Bank”).
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Alice Twaite looks at ‘hidden’ litigants in person and practical safeguards for parents facing removal of a child ‘Parental efforts to challenge a refusal of legal aid, and aspects of the funding scheme, through judicial review are “stymied” by lack of costs protection, due to the very legal aid ineligibility they seek to challenge.’ Amid …
Continue reading "Public Children: State versus parents"
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Kate Elliott discusses the decision in Re A and the implications of protracted proceedings in intractable contact disputes ‘A parent’s implacable hostility should rarely deter the court from ordering contact where the child’s welfare required it.’ In Re A (a child) (intractable contact proceedings: human rights violations) [2013], the Court of Appeal was concerned with …
Continue reading "Contact: The impact of delay"
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