Hirachand v Hirachand & anr [2021] WTLR 185

Spring 2022 #186

The deceased left the entirety of his modest estate to the appellant, his wife of many years. At the time of the proceedings, the appellant was a frail woman in her 80s who was profoundly deaf and living in a care home. The respondent, the estranged adult daughter of the deceased, brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The appellant originally failed to file an acknowledgment of service and evidence in accordance with CPR 8.4-8.6. She obtained relief from sanctions by consent but failed to meet the new deadline. No further ...

Partington v Rossiter [2022] WTLR 257

Spring 2022 #186

The deceased was domiciled in Russia and entitled to assets in Jersey. He made a will in the UK in 2013. He had initially prepared a draft himself, which defined his estate as his property, money and investments in the UK, and made specific legacies to his children in respect of his Jersey assets. The deceased’s solicitor advised him that the will did not need to refer to specific assets and it was redrafted. Clause 1 of the executed will stated ‘I confirm that this will only has effect in relation to my UK assets’. It divided the residuary estate equally between his children. The deceas...

Banks v Commissioners for HMRC [2021] WTLR 1193

Winter 2021 #185

Between 7 October 2014 and 31 March 2015, the appellant (T) made 14 political donations to the United Kingdom Independence Party (UKIP) and its youth wing known as Young Independence. The donations had a total value of £976,781.38. Some were made in T’s personal capacity, others through a company of which T was indirectly sole beneficial owner.

UKIP was a limited company registered as a political party. In the 2014 European Parliamentary Election, UKIP won 24 seats and 26.6% of the UK popular vote, making it the most successful UK party on both measures. However it was less succes...

Dixon Coles & Gill v Baines & anr [2021] WTLR 1247

Winter 2021 #185

The appellant was a firm of solicitors. The respondents were, respectively, the Bishop and Diocesan Board of Finance of the Diocese of Leeds, into which had been absorbed the Diocese of Wakefield, which in turn had been a client of the appellant firm. The firm had acted for the Diocese in a number of conveyancing transactions during the course of their instructions. It was subsequently discovered by one of the firm’s three partners that another partner, Mrs Box, had over the course of many years made unauthorised payments from the firm’s client account, and had misappropriated millions o...

Ralph v Ralph [2021] WTLR 1443

Winter 2021 #185

The claimant was the son of the defendant. The parties were the registered owners of a residential property. The property was purchased through a mortgage which was obtained using the claimant’s earnings. The defendant paid the balance of the purchase price meaning that the claimant made no contribution. The TR1 was signed by the transferors but not the claimant and defendant as transferees, but nevertheless contained a manuscript cross in Box 11 recording that ‘the transferees are to hold the property on trust for themselves as tenants in common in equal shares’. The claimant claimed a ...

HMRC v Fisher & ors WTLR(w) 2021-14

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Interactive Technology Corporation Ltd v Ferster [2021] WTLR 561

Summer 2021 #183

Judgment was handed down following a trial of a claim against a former director for breach of fiduciary duty through unauthorised remuneration. The claim was found to be established in judgment given on 15 November 2016. On 19 December 2016 there was a hearing to deal with consequential matters including the terms of order. The order made provided for judgment for equitable compensation in respect of the unauthorised remuneration.

The claimant then applied for an interim payment. The defendant objected on the basis that it was far from certain that the claimant had suffered any lo...

Guest & anr v Guest WTLR(w) 2021-05

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The respondent (who had been the claimant at first instance) was the eldest son of the two appellants. He had worked on the family farm full-time for some 33 years, until his relationship with his parents deteriorated. The respondent then brought proceedings against the appellants seeking a declaration of his entitlement to a beneficial interest in the farm on the basis of an alleged proprietary estoppel. At first instance, the court found in his favour, concluding that the first appellant had consistently and over time led the respondent to believe that he would inherit a sufficient sta...

Auden McKenzie (Pharma Division) Ltd v Patel [2020] WTLR 1133

Winter 2020 #181

This 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 ...

O’Neill v Holland [2020] WTLR 1397

Winter 2020 #181

This was a second appeal against the decision of HHJ Pelling to overturn the trial judge’s order declaring inter alia that A was a 50% beneficial owner of A and R’s former home (the property) under a common intention constructive trust.

The trial judge had found that A’s father had bought the property in 1998 with the intention that it should be A and R’s family home. In 2008, A’s father had transferred the property to R for nil consideration. The trial judge had found that A’s father intended A to have a beneficial interest in it and had originally planned to transfer it into A a...