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Prest shows that family judges must uphold company law when considering what constitutes the matrimonial pot, as James Copson discusses Where Family Division judges have fallen into error time and again has been their reliance on what Cumming-Bruce LJ referred to as ‘abundant authority’ in Nicholas that the veil can be lifted if there are …
Continue reading "Trusts And Divorce: Piercing the corporate veil"
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Sofie Hoffman and Sharon Kenchington examine the lessons from Hughes v Bourne on applying for the court’s blessing Conflicting views and values among the beneficiaries can be particularly marked where the ownership of the family business is divided between different branches of the family or where one sibling has a much greater role to play …
Continue reading "Trustees: Duty to act reasonably"
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Vicki Bowles sets out the implications of Charity Commission v RNIB on payments to trustees It may be worth exploring whether an amendment to the constitution is appropriate to establish a commitment to such payments where necessary and in the interests of the charity, or whether one-off permission is more appropriate in an individual case. …
Continue reading "Charities: Make your case"
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David Wilson and Julie Wynne analyse Swiss divorce case Rybolovlev v Rybolovlev, which has implications for assets held abroad Under the ordinary matrimonial property regime, the court can, upon request, subject the disposal of certain matrimonial assets to the other spouse’s consent. On 26 April 2012, the Swiss Federal Supreme Court rendered a decision on …
Continue reading "Switzerland: The Swiss connection"
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Julia Rangecroft concludes her two-part series on the best approach to deathbed planning Simply leaving all to the surviving spouse or civil partner without further thought as to what might be done to improve the ultimate IHT position on the death of the spouse, can lead to missed opportunities. The first article in this series, …
Continue reading "Deathbed Planning: A guide for advising the terminally ill"
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Being at the end of the business line is no bad thing, concludes Geoffrey Shindler The UK Giving Report has stated that money donated to charity between 2010/11 and 2011/12 fell by £1.7bn to £9.3bn. The last time it was below £10bn was 2004/5.Those of you who read this journal with an eagle eye from …
Continue reading "Musings From Manchester: Plus ça change"
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Trustees v Capmark Bank reminds us that trustees can be personally liable to third parties, as Marilyn McKeever discusses Trustees who enter into commercial agreements with third parties are personally liable on those contracts and they must be careful to protect their own position. The case of Trustees v Capmark Bank [2012] is a salutary …
Continue reading "Trustees: Taking it personally"
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Sarah Clune looks at Rai, a rare case in which the High Court considered an application that the Charity Commission had refused to authorise Arguments within charities are notoriously expensive, possibly because each party thinks that they are in the right and only rarely does action directly affect the pockets of the individuals involved. The …
Continue reading "Unincorporated Associations: When to litigate"
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Joshua Winfield looks at the lessons of Re Longman The executors no longer wished to exercise their discretion in favour of the company. They therefore issued a Part 8 claim under Part 64 of the Civil Procedure Rules 1998. Section 75F of the Charities Act 1993 (now s311 of the Charities Act 2011) (s75F) provides …
Continue reading "Charity Mergers: A missed opportunity"
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Scott has valuable lessons about the removal of trustees, as Ashley Crossley and Imogen Buchan-Smith explain In the judge’s provisional view, an independent professional trustee should be appointed as an additional trustee to ensure that decisions would be taken in the interests of the beneficiaries as a whole. The case is both a reminder of …
Continue reading "Trustees: Anticipating family fallout"
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