Khaira & ors v Shergill & ors [2012] EWCA Civ 983
December 2012 #125In October 1987, the Birmingham Gurdwara (a Sikh place of worship) was purchased by four individuals and then by a deed dated 15 January 1991 the original trustees declared trusts of this property. They were trustees of the religious organisation following the teaching of His Holiness the First Holy Saint resident at Nirmal Kutia in the Punjab India ‘or his successor’. Clause 5 of the trust deed allowed the First Holy Saint ‘or his successor’ to remove trustees and appoint new trustees.
Sant Baba Jeet Singh Ji Maharaj (the ninth claimant) purported to retir...
Swain Mason & anr v Mills & Reeve [2012] EWCA Civ 498
December 2012 #125The claimants appealed from Arnold J’s decision to dismiss their claim in professional negligence brought against the defendant firm of solicitors. The defendant cross appealed against the judge’s order that the claimants’ pay 50% of the defendant’s costs.
Mr Christopher Swain owned 72.4% of the shares in Swains International plc. By 2006, Mr Swain had withdrawn from full-time management and spent most of his time in Thailand. Mr Swain had a history of ill health, including diabetes and heart disease. Each of his four daughters (who, together with Mr Swain...
Gallarotti v Sebastianelli [2012] EWCA Civ 865
November 2012 #124Mr Gallarotti (G) and Mr Sebastianelli (S) had been friends since 1988. They moved to London to make their careers and habitually rented flats together, both contributing towards the outgoings. In 1997 they took the step of buying a flat (the flat) together, although it was transferred into S’s sole name. The total cost was £188,287.44. S contributed £86,500 and G contributed £26,896.20. The remainder was met by a mortgage taken out by S and against which G agreed to postpone any interest he might have.
No written agreement existed to establish an express declaration of trus...
Helena Partnerships Ltd v HMRC & anr [2012] EWCA Civ 569
November 2012 #124The appellant, a company limited by guarantee and not having a share capital, was a registered social landlord. Originally incorporated in January 2001, the appellant was registered as a charity on changing its memorandum and articles of association in November 2004. However, unless the appellant could establish that its objects were carried on for exclusively charitable purposes during the prior period from October 2001 to November 2004 there was a liability on rents received of £6m in corporation tax due to the respondent. The objects were the provision of housing, accommodation, assis...
Suggitt v Suggitt & anr [2012] EWCA Civ 1140
November 2012 #124Frank Edward Suggitt (Frank) died on 25 October 2009 leaving his entire estate (400 acres of farmland and several house) to his daughter Caroline. John, Frank’s son, was left nothing. Frank’s will, executed in 1997, expressed the wish (without creating a trust) that if at any time, in the opinion of Caroline, John showed himself capable of working and managing the farmland, that Caroline would transfer it to John.
The Suggitts had farmed in North Yorkshire for many generations. John was the youngest and only son. He had attended agricultural college at Frank’s expense, but left be...
Re Lehman Brothers Intl (Europe) [2010] EWCA Civ 917
October 2012 #123Lehman Brothers International (Europe) (LBIE), an English unlimited company, was the principal European trading company in the Lehman Brothers group. LBIE entered administration on 15 September 2008. The administrators made several applications to the court for directions.
The issues on appeal concerned the application of chapter 7 of the Client Assets Sourcebook (CASS 7) issued by the Financial Services Authority (FSA). CASS 7 was intended to transpose the Markets in Financial Instruments Directive 2004/39/EC (MiFID) and its Implementing Directive into English law, under the FSA’...
Page & anr v Hewetts Solicitors & anr [2012] EWCA Civ 805
October 2012 #123The claimants (P) were the beneficiaries under their parents’ will. The first respondents Hewetts, solicitors (H) were retained to advise and act for P in the administration of their parents’ estates. The second respondent, Christopher Fuller (F) was employed by H as a legal executive. F was instructed by P in 1998 in relation to a sale of P’s parents’ property. Unknown to P at the time, F carried on business as a property developer through Exnine Developments (E) and recommended that P sell the property for £190,000 to Sahana Enterprises Ltd (S), which had agreed...
Trustees & anr v Capmark Bank [2011] EWCA Civ 380
October 2012 #123The appellants were the trustees of the Maylands Unit Trust (the trustees), a Jersey-based unit trust formed as a vehicle for the acquisition of warehouse premises in Hemel Hampstead (the property) by Cantabria Investments Ltd (Cantabria). The purchase price of the property was £28.1m, funded by £7.1m of Cantabria’s own resources and a £21m loan from Capmark Bank Europe (the bank) and secured on the property. The security was created by a deed of guarantee and debenture (the debenture) between the trustees and the bank. At the time of the purchase of the property it was subject to ...
Bahouse & anr v Negus [2008] EWCA Civ 1002
September 2012 #122Henry Bahouse (D) died on 27 March 2005 leaving an estate of approximately £2.2m in including a flat worth approximately £400,000. He had been married twice before and there was a son of his first marriage, Gordon (G), the residuary legatee under D’s will of 24 January 1996 and one of the executors seeking permission to appeal the decision of the lower court. Cyd Negus (C) was D’s cohabitee. No provision was made for her in the will and she made various claims against the estate. In the High Court she was awarded maintenance under the Inheritance (Provision for Family and Dependents) Act...
Independent Trustee Services Ltd v GP Noble Trustees Ltd & ors [2012] EWCA Civ 195
September 2012 #122Anthony Morris (Mr Morris) orchestrated a series of frauds between August 2007 and April 2008 by which £52m was misappropriated from various occupational pension schemes by their trustees, GP Noble Trustees Ltd and BDC Trustees Ltd. The appellant was Independent Trustee Services Ltd (ITS), which had been appointed as trustee of the 1653 pension schemes by the Pensions Regulator in July 2008. Mr Morris was found liable in dishonest assistance for £52m and in knowing receipt for £4.89m by Peter Smith J in July 2010 ([2010] EWHC 1653 (Ch)) (the chancery action).
Mr Morris had married...