January/February 2018 #193 – Law Journals

Litigation: Discovery channel

James Macdougald sets out the rules on non-party disclosure, clarified in a case brought by the beneficiaries of an employee benefit trust ‘The Civil Procedure Rules (CPR), r31.17 test has two limbs which operate cumulatively. Even where both are satisfied, the court may exercise its discretion not to make an order under the rule.’ The …

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Breach Of Trust: Dirty money

James Shaw examines the criteria for establishing dishonest assistance ‘It was incumbent on Morgan J to analyse the extent to which, if at all, Mr Louanjli was required to, and did, influence the decision-making of those at Notable to accept the stolen funds from Mr Nobre.’ As with all expensive sequels, there is a resounding …

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Trusts Of Land: A creditor’s prerogative?

Mark Pawlowski reviews the court’s discretionary power to order a sale of the family home at the suit of a secured creditor ‘It has been argued that the court, in exercising its discretion under s15, must not make an order which would constitute a disproportionate interference with the right to private and family life and …

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Musings From Manchester: A chance to start over

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Geoffrey Shindler welcomes government proposals to review the taxation of trusts ‘So can we please respond to the consultation when it arrives late in 2018 and take a very thick pencil to the taxation of relevant property trusts and start again?’ ‘Modified rapture’. This was the view of Nanki-Poo, the son of the Mikado in …

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Tax: Window of opportunity

With an updated non-dom regime due to come into force in April 2018, Claire Randall and Alexis Hille outline the action to take now ‘This rule has been introduced to prevent non-doms from taking advantage of the favourable remittance basis regime indefinitely: it means that each non-dom can only use the regime for a maximum …

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Administration Of Estates: Missing, presumed dead

Laura Abbott discusses legal developments that bring relief for families when someone has disappeared ‘The Guardianship (Missing Persons) Act, which received royal assent in April 2017, will provide the missing piece of the jigsaw once it comes into force.’ Probably the most famous case involving a missing person is that of Lord Lucan who, despite …

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IHT: Charity begins at home?

Anthony Nixon, Martin Cross and Clementine Burch provide an update on ‘charitable purpose’ outside the UK and the IHT exemption ‘It is clear from other case law that “charitable purposes” could be carried on anywhere in the world, even though this was not stated in the Charities Act 2006.’The late Beryl Coulter’s executors have applied …

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Jointly Held Assets: Owning it

Richard Adams clarifies the current position on beneficial ownership in the event of relationship breakdown ‘What the case highlights of course is the importance of those in relationships of this nature to document clearly their intentions as to respective ownership, and indeed to do so prior to any investment being made.’ The Privy Council recently …

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