Armstrong v Onyearu [2017] EWCA Civ 268

WTLR Issue: Summer 2017 #168

Mr and Mrs Onyearu were a married couple. Mr Onyearu was declared bankrupt in 2011 and Mr Armstrong was his trustee in bankruptcy. The question before the Court was whether Mrs Onyearu could rely upon the equity of exoneration in order to take a charge over her husband’s share of the matrimonial home...

Davies & anr v Davies [2013] EWHC 2623 (Ch)

WTLR Issue: November 2016 #164

Tegwyn and Mary Davies purchased a dairy farm known as Henllan in West Wales in 1972. It comprised a farmhouse, an attached cottage, outbuildings, and 182 acres of land. It was farmed with a nearby farm also owned by them known as Caeremlyn which they had purchased in 1961 (together ‘the farm’)...

Davies v Davies [2014] EWCA Civ 568

WTLR Issue: September 2016 #162

The appeal concerned a proprietary estoppel claim by the respondent, Eirian, with respect to her parents’ pedigree dairy farm.

Eirian’s claim was precipitated by the fact that her parents had sought to evict her from the farmhouse where she was living...

Hart & anr v Burbidge & anr 

WTLR Issue: October 2014 #143

In 2006 the deceased made a will directing a sale of two properties, No 7 and No 43 (the properties), with the proceeds to be shared between her sons (the Harts). On the same date the deceased gave another property, Unit 15, to her daughter and son-in-law, Mr and Mrs Burbidge, and also released them from a debt of £44,000...

Lewis v Lewis [2014] EWCA Civ 412

WTLR Issue: July/August 2014 #141

This was an application for permission to appeal from a decision of HHJ Seys Llewellyn QC in a case concerning wills. Peter Lewis contested the will of his father, Kenneth Lewis on the basis of undue influence and/or fraud. David Lewis, the beneficiary under the will, issued proceedings to determine the issue...

Bradbury & ors v Taylor & anr [2012] EWCA Civ 1208

WTLR Issue: January/February 2013 #126

William Samuel Taylor (deceased) and his late wife lived in a large property, set in 15 acres of grounds, called Lower Manaton (property), near Callington in Cornwall. The deceased made a will in 1998 by which the defendants, who were his nephew and niece, were to be allowed to occupy the property for seven years after his death, on stated terms and conditions...

Trustees & anr v Capmark Bank [2011] EWCA Civ 380

WTLR Issue: October 2012 #123

The appellants were the trustees of the Maylands Unit Trust (the trustees), a Jersey-based unit trust formed as a vehicle for the acquisition of warehouse premises in Hemel Hampstead (the property) by Cantabria Investments Ltd (Cantabria). The purchase price of the property was £28...