Case: Royal Bank of Scotland v Etridge (AP) [2001] UKHL 44

OH v Craven
 [2018] WTLR 275

Two applications were before the Court, involving the proceeds of personal injury actions that had been paid into the Court Funds Office following compromises. During each action and its compromise, the claimant was represented by a litigation friend: for OH, as a minor, and for AKB, lacking in litigation capacity.

OH’s litigation friend applied to the Court for payment of the proceeds of his compromise (just under £2m) to a trustee to hold them on the terms of a bare trust for his benefit. The trustee was to be a trust corporation that was incorporated and operated by his litigat...

Crossfield v Jackson [2014] EWCA Civ 1548

The dispute between the parties concerned the ownership of a four-bedroom London apartment (the property). Monica Elaine Crossfield (the appellant) had become the council tenant of the property in 1987 under a secure tenancy with the London Borough of Lambeth (LBC). By a lease dated 26 August 2003 (the lease), LBC demised the property to her for a term of 125 years in consideration of a premium of £109,500 (the premium). The premium was calculated by the market value of the property, minus a right to buy discount by virtue of the appellant being a secure tenant. The premium was provided ...

Kicks v Leigh [2014] EWHC 3926 (Ch)

Joyce Smith (Mrs Smith) lived at 49 Home Close, Wolvercote, Oxford (property). She had two daughters, the late Norma Kicks who died in January 2004, and the defendant. After her daughter’s death, Mrs Smith changed her will (will) in February 2008 and gave her entire net estate to the defendant, whom she had appointed sole executrix and trustee, to hold as to 50% for the defendant and 50% equally between Mrs Smith’s four grandchildren. The claimants were the two children of the late Norma Kicks. Mrs Smith’s health began to decline from November 2008. The defendant and her husband, who liv...

Hart & anr v Burbidge & anr

In 2006 the deceased made a will directing a sale of two properties, No 7 and No 43 (the properties), with the proceeds to be shared between her sons (the Harts). On the same date the deceased gave another property, Unit 15, to her daughter and son-in-law, Mr and Mrs Burbidge, and also released them from a debt of £44,000. In 2007 the deceased made a further will leaving No 7 to the Harts and No 43 to her siblings and any grandchildren surviving her with the residue to be divided equally amongst her children.

Having decided to live with the Burbidges, the deceased transferred her...

Hart & anr v Burbidge & ors [2014] EWCA Civ 992 On appeal from: [2013] EWHC 1628 (Ch)

and 

1. ARTHUR KENNETH GERALD SAMWAYS
2. GRAHAM DOUGLAS SAMWAYS
3. CHRISTINE MARGARET GARLINGE
4. PETER KENNETH HART
5. LEWIS ROGER HART
6. GEMMA LOUISE HART

v

1. SUSAN ANNE BURBIDGE
2. BRIAN JEFFERY BURBIDGE
3. KENNETH CHARLES HART
4. PAUL ROGER HART

The appellants appealed a decision in two actions that had been tried together ...