Day v Harris & ors [2013] EWCA Civ 191

May 2013 #129

Sir Malcolm Arnold (Sir Malcolm) was married twice and had two children by his first wife, Robert Malcolm Arnold (Mr Arnold) and Katherine Louise Arnold (Miss Arnold). In June 1976, after separating from his second wife, Sir Malcolm moved to a flat in Dun Laoghaire and, in the following month, sent several boxes to Miss Arnold containing (inter alia) books, paintings, sculptures and the manuscripts of various of his compositions. At the same time he sent a postcard to Mr Arnold on which he had written ‘All the books, pictures, sculptures etc are for you and Katherine to sh...

FHR European Ventures & ors v Mankarious & ors [2013] EWCA Civ 17

May 2013 #129

The claimants (Investor Group) appealed from the decision of Simon J ([2011] EWHC 2308 (Ch)) that the Investor Group was entitled to a personal, but not a proprietary, remedy against Cedar Capital Partners LLC (Cedar). There was no appeal from Simon J’s decision that Cedar was liable to account in equity to the Investor Group.

Monte Carlo Grand Hotel in Monaco was owned by Monte Carlo Hotel SAM, a Monegasque company. The company’s share capital was owned by Monte Carlo Grand Hotel Ltd, a BVI company. In September 2004, the BVI company was interested in selling the hotel, either by...

Davisons Solicitors v Nationwide Building Society [2012] EWCA Civ 1626

April 2013 #128

The claimant (Nationwide) offered on 12 December 2008 to lend Mr Patel £187,500 to enable him to buy 61 Avery Road, West Midlands (the property) for £249,995. Both Nationwide and Mr Patel instructed the defendant (Davisons) as solicitor on the basis of the Council of Mortgage Lenders Handbook (CML Handbook).

Paragraph 10.3.4 of the CML Handbook required Davisons to hold the loan money on trust for Nationwide until completion. On 30 January 2009, Davisons were informed by a letter sent from the offices of Rothschild in Small Heath that Rothschild were ac...

Hawes v Burgess & anr [2013] WTLR 453

April 2013 #128

Daphne Burgess, the deceased (D), died in May 2009 aged 80. She had three children: the appellant, Julia (J), and the respondents, Peter (P) and Libby (L). P and the deceased were very close. He organised her finances and in 2006 bought a bungalow for her to live in. It was to remain in his name, but subject to a lease to his mother to give her security. They agreed that she would pay £21,000 towards the cost of a new kitchen and bathroom that she wanted installed. J and P fell out for a number of reasons, mainly connected with the purchase of the bungalow and related arrangements affect...

Robert Hugh Thomas Davies v Ian Watkins [2012] EWCA Civ 1570

March 2013 #127

Hughmans Solicitors v Central Stream Services Ltd & anr [2012] EWCA Civ 1720

March 2013 #127

Hughmans Solicitors (Hughmans) appealed from the decision of Briggs J that a debt owed to Hughmans, secured by a charging order, did not enjoy priority over the rights of Central Stream Services Ltd (in liquidation) (the company) and its liquidator arising from a Tomlin Order.

Hughmans had applied for an order for payment of £19,000 from the proceeds of sale of 3 Tisdal Place, London (the property). Hughmans claimed to be entitled to the payment on the basis of a judgment debt secured by a final charging order against the property. The company and its liquidator claimed a prior s...

Shirt v Shirt [2012] EWCA Civ 1029

March 2013 #127

Stanley Shirt, the claimant (C), owned the freehold of the family farm (Syda) and an agricultural tenancy (Rufford), which he lost in 2007 as a result of failure to pay the rent. He had three sons and a daughter. In 1974 C entered into a farming partnership with his wife, Marie (M), who died in 2004, and his son, Alan (A). Both farms were recorded as partnership assets. In 2006 C fell out with A and thereafter they carried on two separate businesses. A lived in a house on Rufford until the tenancy came to an end, when he moved into a caravan on Syda. C brought a claim for possession agai...

Singh & ors v Ahluwalia [2012] EWCA Civ 1635

March 2013 #127

The testator, Ranjit Singh (D), died in 2009. He had executed a will dated 3 May 1999, naming his eldest son, the claimant (J), as executor and sole beneficiary. The will was attested by two witnesses, Maurice Grantham (G) and Gurdial Ahluwalia (A). D’s daughter, Balvinder Ahluwalia (B), challenged the will on the grounds that the two witnesses had signed it on two separate and distinct occasions at different places. G gave evidence that he had signed the will when D visited his house and he was the only witness present, but he was not able to identify the will when it was shown to...

Gabriel v Little WTLR(w) 2013-13

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Walsh v Shanahan & ors WTLR(w) 2013-10

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