Shergill & ors v Khaira & ors [2014] UKSC 33
December 2014 #145The case concerned Gurdwaras (Sikh temples) which were established under the discipline and headship of His Holiness Brahamgiani, revered 108 Sant Maharaj Baba Gian Singh Ji, the religious head of the abode of saints at Nirmal Kutia in the Indian village of Johal (the First Holy Saint). Responsibility for the management of the Gurdwaras was given by the First Holy Saint to various individuals (some described as trustees), with the First Holy Saint having the authority to change any trustee, management member and the whole management system at any time. Numerous documents relating to the ...
FHR European Ventures LLP & ors v Cedar Capital Partners LLC [2014] UKSC 45
September 2014 #142The claimants engaged Cedar Capital Partners LLC (Cedar) to act as their agent in negotiating the purchase by FHR European Ventures LLP of the issued share capital of Monte Carlo Grand Hotel SAM (which owned a long leasehold interest in the Monte Carlo Grand Hotel) from Monte Carlo Grand Hotel Ltd (vendor). As such an agent, Cedar owed a fiduciary duty to the claimants, notwithstanding which it entered into an exclusive brokerage agreement with the vendor to provide for the payment of a €10m fee following completion – the vendor was paid €211.5m when the purchase was completed on 2...
Marley v Rawlings & anr [2014] WTLR 299
March 2014 #137Mr Alfred Rawlings and his wife Maureen Rawlings instructed a solicitor to draft their wills in mirror form. Each spouse intended to leave his or her entire estate to the survivor of them, but provided that, should the other have predeceased or survived them for less than a month, their estates should be left to the appellant, who was not related to them but whom they treated as their son. Mr and Mrs Rawlings’ solicitor attended them on 17 May 1999 to enable a due execution of draft wills containing these provisions. By an oversight, their solicitor gave each spouse the other’s draft wil...