Curati v Perdoni & anr [2012] EWCA Civ 1381
January/February 2013 #126Pierluigi Curati (Mr Curati) had a domicile of origin in Italy. He moved with his wife (Mrs Curati), a British national, to England in 1955. Mr and Mrs Curati ran a family restaurant (inherited from Mrs Curati’s parents) until 1970, when they sold the restaurant and invested the proceeds in real property which added to the property portfolio which they had already started to build up in England. They also held real property in Italy which they rented to third parties. On 18 December 1980, Mr and Mrs Curati made formal mirror wills in England, drawn in English which were limited t...
Singapore Airlines Ltd & anr v Buck Consultants Ltd [2011] EWCA Civ 1542
January/February 2013 #126Singapore Airlines Ltd (SA) brought proceedings against Buck Consultants Ltd (BC) alleging negligence in the drafting by BC of a revised version of the rules of SA’s pension scheme (scheme). A preliminary issue was tried concerning the meaning of ‘earnings’ for the purposes of the scheme. That preliminary issue had to be resolved for the purposes of SA’s negligence claim against BC. However, BC had also been appointed by the court to represent the interests of the members of the scheme on the preliminary issue.
Four issues were appealed by SA. Only Issue 4 ...
North Shore Ventures Ltd v Anstead Holdings Inc [2012] EWCA Civ 11
September 2012 #122The substantive action concerned a written agreement between North Shore Ventures Limited (North Shore) and Anstead Holdings Inc (Anstead) made in March 2003 (the agreement). In 2008 Anstead’s assets were transferred into trusts of which Mr Fomichev and Mr Peganov (the appellants) and their family members were discretionary beneficiaries (the trusts). On 20 August 2008 North Shore issued a claim against Anstead and the appellants for monies owing under the agreement. On 21 June 2010, Newey J gave judgment against the appellants for sums in excess of $50m. On 9 March 2011, the Court...