Zedra Fiduciary Services (UK) Ltd v HM Attorney General [2024] WTLR 363

Spring 2024 #194

In 1928 Gaspard Farrer established a fund which he intended, in due course, to pay off the National Debt in its entirety, either by itself or in combination with other funds established for the same purpose. The fund was specified to be held until a specified date of application for investment and accumulation, and thereafter ‘to transfer and pay the same to the National Debt Commissioners to be applied by them in reduction of the National Debt’, with a power at any time to determine that ‘part of the National Fund should be forthwith applied in reduction of the National Debt.’ Subsequen...

Bowser v Smith & anr [2023] WTLR 1207

Winter 2023 #193

The appellant solicitor applied under s50 Administration of Justice Act 1985 to remove his co-executor, the deceased’s widow. At a hearing before Bacon J the parties agreed by consent that both executors should be removed and replaced with an independent administrator, but could not agree on costs. The judge gave directions for written submissions to be exchanged, after which a decision was made on the papers without a hearing. The appellant was ordered to pay personally the respondent’s costs on the standard basis (with the balance paid out of the estate) and was deprived of hi...