Commissioners for HMRC v Parry & ors [2020] WTLR 1151

Winter 2020 #181

The appellants were the three executors of Mrs Staveley’s estate, two of whom were also her sons. Mrs Staveley held a pension scheme on which she had decided never to draw, with the aim of maximising the death benefit that would accrue to her sons under the scheme. Under the terms of her will, her estate was to be held on trust for her two sons in equal shares. Shortly prior to her death Mrs Staveley had transferred funds from her existing pension scheme into a new personal pension plan (PPP). The motives out of which she had done so were contested between the parties, the appellants all...

Webb v Webb [2020] WTLR 1461

Winter 2020 #181

The appeal arose in a dispute between husband and wife about the matrimonial property available for division.

After Mr and Mrs Webb were married in 2005, Mr Webb established two family trusts for the purpose of acquiring land and other assets in the Cook Islands (the Arorangi Trust and the Webb Family Trust).

The Arorangi Trust was established with Mr Webb as sole trustee, and Mr Webb and his son Sebastian as the two beneficiaries. The deed provided for a consultant to assist the trustee and for who could remove the trustee, request early vesting of the property and consent...

Lehtimäki & ors v Cooper [2020] WTLR 967

Autumn 2020 #180

H and C were two directors and trustees of a charitable company limited by guarantee. They, together with L, were the members of the company. In July 2015 H and C agreed that, subject to the approval of the Charity Commission or the court, C would resign as a director and member of the company and the company would make a grant of $360m to a charity founded by C.

Companies Act 2006, s217 provides that:

‘A company may not make a payment for loss of office to a director of the company unless the payment has been approved by a resolution of the members of ...