Dorey & ors v Ashton [2024] WTLR 121
Spring 2024 #194The plaintiffs were three of the four children of the deceased, who died in 2015. They contended that the deceased lacked capacity when making wills in 2004. Instructions for the wills had been taken by the defendant, who had prepared them and supervised their execution. Had the wills not been made, the deceased’s estate would have passed to the plaintiffs and their sibling, subject to a life interest in realty for the deceased’s widow; the effect of the wills was to confer on the widow additional benefits. Following the death of the deceased, the plaintiffs and their sibling challenged ...
Hotel Portfolio II UK Ltd & anr v Ruhan & ors [2024] WTLR 145
Spring 2024 #194This was an appeal against a decision of Foxton J ordering the second defendant to pay £102m in compensation for dishonest assistance along with nearly £60m in interest.
The first defendant had been a director of the first claimant. In breach of fiduciary duty, the first defendant had caused the first claimant to sell company assets related to several London hotels to a corporate purchaser in which the first defendant had an undisclosed interest. The sale was at an objectively reasonable market price. The purchaser later sold the hotels for a large profit (partly due to having dev...
Zedra Fiduciary Services (UK) Ltd v HM Attorney General [2024] WTLR 363
Spring 2024 #194In 1928 Gaspard Farrer established a fund which he intended, in due course, to pay off the National Debt in its entirety, either by itself or in combination with other funds established for the same purpose. The fund was specified to be held until a specified date of application for investment and accumulation, and thereafter ‘to transfer and pay the same to the National Debt Commissioners to be applied by them in reduction of the National Debt’, with a power at any time to determine that ‘part of the National Fund should be forthwith applied in reduction of the National Debt.’ Subsequen...
Bowser v Smith & anr [2023] WTLR 1207
Winter 2023 #193The appellant solicitor applied under s50 Administration of Justice Act 1985 to remove his co-executor, the deceased’s widow. At a hearing before Bacon J the parties agreed by consent that both executors should be removed and replaced with an independent administrator, but could not agree on costs. The judge gave directions for written submissions to be exchanged, after which a decision was made on the papers without a hearing. The appellant was ordered to pay personally the respondent’s costs on the standard basis (with the balance paid out of the estate) and was deprived of hi...
Denaxe Ltd v Cooper & anr [2023] WTLR 1279
Winter 2023 #193The appellant, formerly known as Blackpool Football Club (Properties) Ltd, was the majority shareholder in Blackpool Football Club Ltd (BFCL) (which operated the football club business) and was the owner of other assets including the football stadium at which games were played (the footballing assets). A dispute broke out between the appellant and its owner and controller, Mr Oyston, on the one hand and VB Football Assets (VB), which was a minority shareholder in BFCL, on the other hand. This led to an unfair prejudice petition being issued and VB succeeded in obtaining a buy-out order f...
Sangha v Sangha & ors [2023] WTLR 1561
Winter 2023 #193Mr Hartar Singh Sangha made a will in 2007 dealing with both his English assets and his Indian assets. The 2007 will was executed as follows: Mr Sangha signed the will in the presence of one witness; that witness then signed the will; the second witness then entered, Mr Sangha acknowledged his signature in the presence of both witnesses and the second witness signed the will. In 2016, Mr Sangha made a further will in India dealing with his Indian assets. The 2016 will was declared to be Mr Sangha’s last will and contained a revocation clause revoking ‘all such previous documents’.
Bhaur & ors v Equity First Trustees (Nevis) Ltd & ors [2023] WTLR 851
Autumn 2023 #192In March 2007 Safe Investments Management UK (Safe), an unlimited company, transferred its shares in Gooch Investment (Gooch) to Equity Trust (BVI) Ltd, a trust company (2007 transfer), to be held on the terms of a settlement for the benefit of qualifying employees of Safe (First Staff Remuneration Trust). This transfer followed the transfer of interests in UK business assets (the estate) from the first and second appellants (Mr and Mrs Bhaur) to Safe and from Safe to its subsidiary Gooch. All these transfers took place as part of a tax scheme (scheme) promoted by Mr O’Toole, who operate...
Gorbachev v Guriev [2023] WTLR 395
Summer 2023 #191The claimant made a third-party disclosure application under CPR 31.17 and s34 Senior Courts Act 1981 against Forsters LLP, English solicitors instructed on behalf of Cypriot trustees. Forsters LLP’s position was that the trustees were the only proper parties to the application under CPR 31.17, and that any order for disclosure should be made against them. Permission was granted by HHJ Pelling QC pursuant to CPR PD 6B(20) to serve the application for third-party disclosure on the trustees out of the jurisdiction, and for the application to be served by...
Jennison v Jennison & anr [2023] WTLR 543
Summer 2023 #191The claimant was married to Graham Jennison (the deceased) who died domiciled in New South Wales on 11 July 2007. He left a will dated 16 August 2006 appointing the claimant as sole executrix. Probate was granted to the claimant on 15 May 2008 in New South Wales (NSW) (the grant).
The proceedings, in respect of alleged breaches of trust, were issued on 18 February 2019 by the claimant as personal representative of the deceased. The particulars of claim relied upon the grant. The defence pleaded that it was not admitted that the grant conferred jurisdiction to the claimant in respe...
Hudson v Hathway [2023] WTLR 207
Spring 2023 #190After Jayne Hathaway (JH) and Lee Hudson (LH) started a relationship in 1990, JH moved into LH’s home and became a joint owner. They had two sons together but did not marry. After selling their home, they bought another in joint names. In 2007 they sold that home and, with a mortgage, bought Picnic House in joint names. The mortgage payments were made from a joint bank account, into which the salaries of them both were paid. LH’s contributions towards the mortgage payments far exceeded those of JH.
In 2009, LH left JH and moved in with another woman, whom he later married. JH cont...