Manchester City Council v G & ors [2011] EWCA Civ 939

April 2014 #138

This is an appeal from a judgment of Baker J [2010] EWHC 3385 (Fam) making an award of costs at the conclusion of long-running proceedings in the Court of Protection. The costs related to an interim hearing lasting eight days from January through to March, and, following judgment on 26 March 2010 ([2010] EWHC 621 (Fam)), a further hearing on 6 May 2010. In respect of costs, the judge said:

‘In all the circumstances, I conclude that this is a case for departing from the general rule set out in r157 of the Court of Protection Rules, and I make an order in the follo...

Hawes v Burgess & anr [2013] WTLR 453

April 2013 #128

Daphne Burgess, the deceased (D), died in May 2009 aged 80. She had three children: the appellant, Julia (J), and the respondents, Peter (P) and Libby (L). P and the deceased were very close. He organised her finances and in 2006 bought a bungalow for her to live in. It was to remain in his name, but subject to a lease to his mother to give her security. They agreed that she would pay £21,000 towards the cost of a new kitchen and bathroom that she wanted installed. J and P fell out for a number of reasons, mainly connected with the purchase of the bungalow and related arrangements affect...

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...

Pankhania v Chandegra [2012] EWCA Civ 1438

January/February 2013 #126

The claimant appealed from the decision of Judge Charles Harris QC to dismiss his claim seeking an order for sale of 7 Cossington Street, Leicester (the property) and the division of the sale proceeds in equal shares between him and the defendant. A declaration had been made by the judge that beneficial ownership of the property was vested solely in the defendant, despite the property having been conveyed into the joint names of the claimant and defendant. A simultaneous express declaration of trust had been made in the transfer declaring that the parties were to hold the property as ten...

Khaira & ors v Shergill & ors [2012] EWCA Civ 983

December 2012 #125

In October 1987, the Birmingham Gurdwara (a Sikh place of worship) was purchased by four individuals and then by a deed dated 15 January 1991 the original trustees declared trusts of this property. They were trustees of the religious organisation following the teaching of His Holiness the First Holy Saint resident at Nirmal Kutia in the Punjab India ‘or his successor’. Clause 5 of the trust deed allowed the First Holy Saint ‘or his successor’ to remove trustees and appoint new trustees.

Sant Baba Jeet Singh Ji Maharaj (the ninth claimant) purported to retir...