Trustee Act 1925, s61

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JUDGMENT CAROLINE SHEA KC: Background [1] The Claimant (to whom I shall refer to by his first name, James, in order to avoid confusion with the First Defendant who bears the same surname) is the beneficiary under a trust (‘the Trust’) settled by his late mother Joan Kekwick (‘Joan’) on 29 April 1985 pursuant to …

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Phillipe & ors v Cameron & ors [2019] WTLR 661

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JUDGMENT MJ ARNOLD: Introduction [1] This is an unfortunate dispute about the beneficial ownership of land at Sandy Lane, Cheam (‘the land’) which has been occupied by St Andrew’s (Cheam) Lawn Tennis Club (‘the club’) since 1938. As its name suggests, the club was originally, and to some extent remains, associated with St Andrew’s Cheam …

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Purrunsing v A’Court [2016] EWHC 789 (Ch)

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HHJ PELLING QC: [1] This is a claim arising out of the purported sale to the claimant of 35 Merton Hall Gardens, Wimbledon (the property) by a fraudster who claimed to be, but was not, ‘Mr Nicholas Robert Dawson’, the registered proprietor of the property. Where I refer to Mr Dawson hereafter I am referring …

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Sheffield v Sheffield & ors [2013] EWHC 3927 (Ch)

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JUDGMENT HHJ PELLING QC: Introduction [1] This is the trial of a claim by which the claimant in his capacity as a beneficiary of a family trust seeks various accounts and payments of (a) a quarter of certain trust income received by the trust which he maintains should have been but was not paid to …

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Santander UK PLC v R.A. Legal Solicitors [2014] EWCA Civ 183

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JUDGMENT BRIGGS LJ: Introduction [1] In May 2009 Santander UK PLC (formerly Abbey National) (Abbey) agreed to lend £150,000 plus fees to a Mr Srinivas Vadika for the ostensible purpose of assisting him in the purchase of a residential property known as 8 Opal Close, London E16 (the property). Mr Vadika and Abbey instructed R.A. …

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AIB Group (UK) plc v Mark Redler & Co Solicitors [2013] EWCA Civ 45

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JUDGMENT Lord Justice Patten: Introduction [1] These are consolidated appeals by the claimant and the defendant against two orders of HHJ David Cooke, sitting as judge of the Chancery Division, made on the hearing of various preliminary issues. The appeals are brought with the leave of the judge. [2] In 2006 the claimant, AIB Group …

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Davisons Solicitors v Nationwide Building Society [2012] EWCA Civ 1626

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JUDGMENT THE CHANCELLOR: Introduction [1] On 12 December 2008 the claimant Nationwide Building Society (Nationwide)offered to Kalpesh Kumar Hasmukh Patel (Mr Patel) a loan of £187,500 to enable him to buy 61 Avery Road, Sutton Coldfield, West Midlands, B73 6QD (the property) for £249,995. The freehold of the property was registered in the name of …

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Kekwick v Kekwick & anr [2023] WTLR 579

Phillipe & ors v Cameron & ors [2019] WTLR 661

Purrunsing v A’Court [2016] EWHC 789 (Ch)

Sheffield v Sheffield & ors [2013] EWHC 3927 (Ch)

Santander UK PLC v R.A. Legal Solicitors [2014] EWCA Civ 183

AIB Group (UK) plc v Mark Redler & Co Solicitors [2013] EWCA Civ 45

Davisons Solicitors v Nationwide Building Society [2012] EWCA Civ 1626