Christodoulides v Marcou [2020] WTLR 883

Autumn 2020 #180

The claimant and the defendant were sisters, the daughters of Agni Iacovou (the testatrix). By her will dated 7 August 2012 (the will), made shortly before her death two days later, the testatrix gave her entire net residuary estate to the claimant whom she appointed to be her executrix. The claimant issued proceedings on 18 June 2014 seeking an order that the court pronounce for the will in solemn form. The defendant defended the claim on the basis that the will had been procured by fraudulent calumny – that the claimant had poisoned the mind of the testatrix by casting untruthful asper...

Foulser & anr v HMRC [2013] UKUT 038 (TCC)

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Creasey & anr v Sole & ors [2013] EWHC 1410 (Ch)

July/August 2013 #131

The claimants were the executors of the late Constance Jenkins (M), and, by representation, the executors of the late Kenneth Jenkins (F). F died on 21 October 1995 and M died on 15 January 2005. The defendants, F and M’s children, disputed the devolution of their parents’ estates and the court’s direction was sought.

F and M had owned a farmhouse and land extending to some 210 acres on the Isle of Wight as beneficial tenants in common (Ashey). F and M owned other land, in some cases jointly and in others cases individually. One such further holding consisted of...

Re Portland Place (Historic House) Ltd [2012] EWHC 4199 (Ch)

July/August 2013 #131

Mr Davenport the applicant (A) applied to the Companies Court pursuant to ss1 and 17 of company Directors Disqualification Act 1986 for permission to give instructions to solicitors acting on behalf of Portland Place (Historic House) Ltd, (the company), a company incorporated in Nevis in the West Indies in relation to litigation brought against that company. A applied from prison where he is serving sentence for fraud. In September 2011 he had been disqualified for ten years from being a director of a company or in any way being concerned in its management with...

Singh & ors v Ahluwalia [2012] EWCA Civ 1635

March 2013 #127

The testator, Ranjit Singh (D), died in 2009. He had executed a will dated 3 May 1999, naming his eldest son, the claimant (J), as executor and sole beneficiary. The will was attested by two witnesses, Maurice Grantham (G) and Gurdial Ahluwalia (A). D’s daughter, Balvinder Ahluwalia (B), challenged the will on the grounds that the two witnesses had signed it on two separate and distinct occasions at different places. G gave evidence that he had signed the will when D visited his house and he was the only witness present, but he was not able to identify the will when it was shown to...

Oakhurst & ors v Blackstar (Isle of Man) Ltd & anr [2012] EWHC 1131 (Ch)

September 2012 #122

The first claimant (the principal employer) set up employee retirement benefit schemes (ERBS) for three of its directors, the second to fourth claimants on 23 November 2007, under which the directors were each members of their own schemes. The first defendant, Blackstar (Isle of Man) Ltd (Blackstar) was the trustee for all three schemes. Under the ERBSs, the trustees were given an express power that they could exercise by lending all of the trust fund to the member or other beneficiary on uncommercial terms, and in each case Blackstar received some £2m from the principal employer and it ...

Alexander v Alexander & ors [2011] EWHC 2721 (Ch)

March 2012 #117

By his will, dated 20 March 2006, William Owen Rawlings (the testator) left Wisteria Cottage, Sneachill, Spetchley, Nr Worcester, to the claimant and first defendant as trustees, to hold on trust for the third defendant (who was his step-granddaughter), for her lifetime and, thereafter, for her children at 21 in equal shares. The testator died on 3 October 2007, from which date the cottage was empty and fell into dereliction. The third defendant, who was living in Germany, had no wish to reside in the cottage. Section 6 of the Trusts of Land and Appointment of Trustees Act 1996 and s8 of...

Cowderoy v Cranfield [2011] EWHC 1616 (Ch)

December 2011 #115

Mrs Blofield (D) was in her 80’s and owned her own home worth around £140,000. Her only son (R) was an alcoholic and seriously ill. He moved into her house in 2002 and remained there until he died, intestate, on 5 August 2006. He had fathered several children. One was adopted and others taken into care but they paid no part in his life or that of his mother, D. He did, however, have a legitimate daughter, the claimant, Mrs Leigh Cowderoy, (C) who inherited his estate. Relations between C and R were strained and there was very little contact between C and D because of this although ...

Cowderoy v Cranfield (costs) [2011] EWHC 2628 (Ch)

December 2011 #115

The claimant had challenged the last will of the deceased dated 13 November 2006 (the deceased had died on 19 October 2008) on the bases of (1) lack of testamentary capacity, (2) want of knowledge and approval and (3) undue influence. The claimant failed on all those bases. The decision of Morgan J can be found at [2011] EWHC 1616 (Ch). On the issue of costs the claimant contended that there should be no order as to costs up to and including 26 September 2010 and thereafter that she should pay the defendant’s costs on the standard basis such liability not to be enforced without the...