Kingsley & anr v Kingsley [2020] EWCA Civ 297

WTLR Issue: Summer 2020

The deceased and the respondent were siblings who co-owned farmland in equal shares and used it in a partnership between them (though it was not a partnership asset). After the deceased died, the respondent remained in occupation and continued to farm the land...

Barnsley & ors v Noble [2016] EWCA Civ 799

WTLR Issue: November 2016 #164

Michael and Philip Noble were brothers who built up a substantial property empire known as the Noble Organisation. It had a complex ownership and management structure involving a number of companies and partnerships and certain trusts for the benefit of their respective families...

National Westminster Bank v Lucas [2014] EWCA Civ 1632

WTLR Issue: May 2015 #149

Jimmy Savile died in October 2011. His will dated 24 July 2006 named NatWest as his executor and left the residue of his estate to the Jimmy Savile Charitable Trust (the trust) which he had created in 1984. Probate was obtained on 8 March 2012 with a net estate of £4...

AIB Group (UK) plc v Mark Redler & Co Solicitors [2013] EWCA Civ 45

WTLR Issue: October 2013 #133

In 2006, Drs Ravindra and Salma Sondhi applied to the claimant (AIB) for a loan of £3.3m, to be secured against their private home, in order to provide finance for their business. The application stated that the Sondhis’ home was worth £4.5m but was subject to an existing mortgage in favour of Barclays Bank to secure an outstanding loan of £1...

Hawes v Burgess & anr [2013] EWCA Civ 74

WTLR Issue: 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...

Bieber & ors v Teathers Ltd [2012] EWCA Civ 1466

WTLR Issue: January/February 2013 #126

The defendant (Teathers) promoted a series of unregulated collective investment schemes intended to take advantage of tax reliefs available on investments in TV productions. UK tax payers were entitled to write down 100% of any expenditure on a film or TV production certified as a British Qualifying Film...

Pankhania v Chandegra [2012] EWCA Civ 1438

WTLR Issue: 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...

Thomas v Jeffery & ors [2012] EWCA Civ 693

WTLR Issue: January/February 2013 #126

The appellant (Richard) had successfully brought an application for reasonable financial provision from the estate of his late father. This had been initially expressed as a family provision and proprietary estoppel claim for some 50% of the deceased’s estate...