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...

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...

Group Seven Ltd & anr v Notable Services LLP & anr [2019] WTLR 803

Autumn 2019 #176

These appeals arose from the a ‘brazen fraud’ by which Allseas Group SA was defrauded of €100 million. After the fraud took place, there was an attempt to launder the proceeds through the client account of a London firm of solicitors, Notable Services LLP, whose partners included Mr Landman. Police intervention secured the return of €88 million – the present proceedings concerned attempts to recover the remainder of this sum from Notable, Mr Landman, Mr Louanjli (a bank employee who provided information to Notable) and LLB Verwaltung, the bank who employed him (”the Bank”).

In add...

MN v OP & ors [2019] WTLR 941

Autumn 2019 #176

In a claim for the approval of an arrangement varying a trust under the Variation of Trusts Act 1958 (the 1958 Act), an application was made for an anonymity order restricting the naming of the parties and access to the court file relating to the claim and the publication of certain information. The judge dismissed the application but gave permission for an appeal. The appellant, who brought the claim, was settlor of a settlement (the settlement), which comprised very valuable assets divided into several funds, some of which were held on discretionary trusts and others ...

Moore v Moore & anr [2019] WTLR 233

Spring 2019 #174

In 1966 the claimant and his brother became the joint owners of a substantial farm in Wiltshire and began farming in partnership. The claimant’s son, the defendant, worked on the farm from childhood and became a salaried partner in 1998.

The brother retired from the partnership in 2008 and gave his partnership share to the defendant in return for a payment of £500,000 from the partnership. The claimant and the defendant also incorporated a company, of which the defendant was 51% shareholder, and to which various partnership assets were transferred in 2010.

Relations between...

Payne & anr v Payne WTLR(w) 2019-02

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Barclays Wealth Trustees (Jersey) Ltd & anr v HMRC [2017] WTLR 917

Autumn 2017 #169

This appeal concerned the first periodic charge which fell due on a Jersey-resident discretionary trust established by the settlor, Mr Dreelan (‘the Settlor’) on 21 June 2001 (‘the 2001 Settlement’).

The Settlor transferred £100 to Barclays Wealth Trustees (Jersey) Limited (‘the Trustee’) to hold on trusts in broad discretionary form. The beneficiaries were the Settlor, his spouse and his children then living or born during the trust period. At this date the Settlor was not domiciled in the UK for IHT purposes.

The Trustee lent part of the settled funds to a wholly-owned Je...