Watt v ABC [2016] EWHC 2532 (COP)

WTLR Issue: January/February 2017 #166

This was an application to the Court of Protection concerning whether substantial damages awarded to ABC in a personal injury claim should be paid to and administered by ABC’s property and affairs deputy or should be held on revocable trust.

In prior litigation it had been common ground that ABC lacked litigation capacity but his capacity or the extent of his capacity to manage his financial affairs with appropriate support had been in dispute...

Re Barclays Private Bank & Trust CHP 2014/56

WTLR Issue: October 2015 # 153

The claimant was the sole trustee of a unit trust. The trust had been terminated in 1988 and the assets released and distributed to approximately 100 unit trust holders with a final distribution having been made on the footing that four particular investments were unrealisable...

AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58

WTLR Issue: March 2015 #147

The appellant bank instructed the respondent solicitors to act in relation to a £3.3m re-mortgage on behalf of themselves and the borrowers. The borrowers’ property (the property) was already subject to a first charge in favour of Barclays. A part of the respondent’s instructions was to redeem the outstanding Barclays mortgage and to secure a first charge against the property in the appellant’s favour...