Pile v Pile [2022] WTLR 1445

Winter 2022 #189

The parties, who were brothers, held two periodic tenancies as joint tenants: an agricultural tenancy and a commercial tenancy of land at Fir Tree Farm protected respectively under the Agricultural Holdings Act 1986 and the Landlord and Tenant Act 1954. The appellant and a company of which he and his wife were sole directors and shareholders, F N Pile and Sons Ltd, entered into an agreement with the landlord (the agreement) under which he would serve a notice to quit the agricultural tenancy, the landlord would serve a notice to terminate the commercial tenancy in respe...

H.M. Attorney General v Zedra Fiduciary Services (UK) Ltd & ors [2020] WTLR 1287

Winter 2020 #181

In 1927 a partner (GF) in Barings Brothers & Co (Barings) transferred cash and securities of almost £500,000 (the National Fund) to Barings in anticipation of the execution of a deed of trust by Barings, which was executed on 9 January 1928 (the deed). Other donors, including Lord Dalziel, subsequently made further contributions to the National Fund. By clause 2 of the deed Barings held the National Fund as trustees upon trust to accumulate income and profits until the date fixed by the trustees as being the date when, either alone or together with other funds then available for the ...

Rettendon Parish Council v Hart & ors [2020] WTLR 1029

Autumn 2020 #180

On 5 December 1861 an award made under the Inclosure Act 1845 created two separate charitable trusts of plots of land within the parish of Rettendon in Essex: the Allotment for Exercise and Recreation (charity number 271480) and the Allotment for the Labouring Poor (charity number 271479).

The claimant was the local civil parish council, established by s1(1) of the Local Government Act 1894. The defendants were current or former members of the parish council. Between 2013 and 2017 a series of appointments of individual parish councillors as trustees of t...