Law of Property (Miscellaneous Provisions) Act 1989, s2

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JUDGMENT MR RECORDER ROBERTSON: Introduction [1] This is my judgment following the trial of a claim brought by Mr Ian McLean, Mr Sean McLean and Ms Lorraine Pomroy against Mr Brett McLean. I intend no disrespect to any of the parties or the testators, but due to the fact that they all (save for Ms …

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Clyne v Conlon & ors [2021] WTLR 1231

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JUDGMENT MASTER CLARK: [1] This is an application seeking Beddoe relief, made by Part 8 claim form dated 13 April 2021. [2] The claimant, Maria Clyne, is the sole executor of the estate of her uncle, Patrick Conlon, who died on 4 June 2018, leaving a will dated 8 March 2016 (‘the Will’). Probate of …

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Howe & anr v Gossop & anr [2021] WTLR 539

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JUDGMENT MR JUSTICE SNOWDEN: [1] This appeal concerns the requirements for a proprietary estoppel and the relationship between such requirements and the provisions of s2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 (s2). [2] Section 2 provides, in material part, ‘A contract for the sale or other disposition of an interest in land …

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Shelford & anr v HMRC [2020] WTLR 657

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JUDGMENT JUDGE ALEKSANDER: Introduction [1] These appeals are against the determinations by HMRC issued on 22 August 2016 under s222 Inheritance Tax Act 1984 (‘IHTA’). The inheritance tax (‘IHT’) in dispute is £560,000. [2] The determinations were issued, all in the same terms, to each of the four executors of John Selwyn Herbert (‘Mr Herbert’), …

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Akhter v Khan & anr [2018] WTLR 729

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JUDGMENT WILLIAMS J: Introduction [1] The petitioner Nasreen Akhter issued a petition for divorce from the respondent Mohammed Shabaz Khan on 4 November 2016. The husband defended the divorce on the basis that the parties had not entered a marriage valid according to English law. In her reply, the wife averred that the presumption of …

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Smith-Tyrrell & anr v Bowden [2018] WTLR 987

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JUDGMENT HHJ PAUL MATTHEWS: Introductory [1] This is my judgment on a claim brought by the claimants in relation to a parcel of about 9.51 acres of land at Boswidjack Farm in Constantine, Falmouth Cornwall (the property). The parcel is generally known as Mellinzeath, or Mellanzeath, or sometimes Melanzeth. The claim form, issued on 26 …

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Brown v Stephenson [2013] EWHC 2531 (Ch)

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JUDGMENT HHJ BEHRENS Introduction [1] This case concerns three pieces of land: 1. A piece of land now registered under title ND94369 containing the barn known as Capri Lodge, Northgate Farm, Morpeth, Northumberland NE61 3BX. This land has been referred to as ‘Capri Lodge’. 2. A three-acre paddock adjoining Capri Lodge. This land was formerly …

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Lane v Cullens Solicitors & ors [2011] EWCA Civ 547

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Judgment LORD JUSTICE LLOYD: [1] This appeal raises again the question when a cause of action in tort arose, being a claim in negligence against solicitors. His Honour Judge Mackie QC. sitting in the London Mercantile Court held that the claimant’s cause of action had arisen more than six years before the issue of the …

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Law of Property (Miscellaneous Provisions) Act 1989, s2

McLean & ors v McLean [2023] WTLR 267

Clyne v Conlon & ors [2021] WTLR 1231

Howe & anr v Gossop & anr [2021] WTLR 539

Shelford & anr v HMRC [2020] WTLR 657

Akhter v Khan & anr [2018] WTLR 729

Smith-Tyrrell & anr v Bowden [2018] WTLR 987

Brown v Stephenson [2013] EWHC 2531 (Ch)

Lane v Cullens Solicitors & ors [2011] EWCA Civ 547