Akers & ors v Samba Financial Group [2014] EWCA Civ 1516

July/August 2015 #151

The claimants appealed a decision to stay their claim on the ground of forum non conveniens.

The fourth claimant (C4) was a Cayman company and was massively insolvent, owing US$2.815bn plus interest to a syndicate of banks including the defendant (D). The first (C1), second (C2) and third claimant (C3) were the liquidators of C4. A winding up petition was presented to the Grand Court of the Cayman Islands on 30 July 2009, commencing the winding up of C4. On 18 September 2009, the winding up order was made.

The claim was brought by C1, C2 and C3 pursuant to s127 of the I...

Marley v Rawlings & anor [2012] EWCA Civ 61

May 2012 #119

Alfred Thomas Rawlings (H) and Maureen Catherine Rawlings (W) were husband and wife who, on 17 May 1999, signed mirror wills leaving their entire estate to each other or, if the other failed to survive, to the appellant who was treated as their son. The respondents, who were their natural sons, were excluded but stood to benefit on intestacy if the wills were invalid. In the event, by mistake H signed W’s will and W signed H’s will but the error was not noticed then, or on the death of W. It was only noticed after the death of H in August 2006 when a dispute arose as to wheth...

Howard v Howard-Lawson [2011] EWHC 63 (Ch)

May 2012 #119

Philip John Canning Howard (testator), who died on 22 April 1934, was entitled to landed estates but his only child was a daughter who married and had issue with Sir Henry Joseph Lawson Bt. The testator was concerned to ensure the continuance of the association of his family name and arms with his landed estates, and by his will, he settled them on trusts that were designed to prevent his descendants from disentailing them for as long a period as possible, but made the enjoyment of possession by each successive remainderman conditional on adopting the name and arms of Howard. Each tenant...