Topic: Agency

The Public Guardian’s Severance Applications [2017] WTLR 1145

The Public Guardian brought various consolidated applications for severance under para 11((3) of Schedule 1 of the Mental Capacity Act 2005 (the MCA 2005) in respect of various lasting powers of attorney which were potentially unlawful or ineffective by reason of the operation of s9 MCA 2005, which provides that an LPA is not created unless it is made and registered in accordance with Schedule 1 of para 19.

Held:

1. 1) As to MC, the donor at s7 of the LPA had instructed that ‘Any financial decisions up to the value of £150.00 c...

Angove’s PTY Limited v Bailey & anr [2016] UKSC 47

A, an Australian winemaker, employed an English company called D&D as its agent and distributor in the UK. D&D bought wines from A in its own right and sold wines on A’s behalf pursuant to an agency and distribution agreement (the agreement). The agreement was terminable by either party on six months’ notice or by notice with immediate effect in a number of events including the appointment of an administrator or liquidator.

On 21 April 2012, D&D went into administration and on 10 July 2012 into creditors’ voluntary liquidation. On administration there were outstanding ...

Harb v Abdul Aziz [2015] EWHC 3155 (Ch)

The claimant alleged the existence of an oral agreement between the claimant and the defendant whereby the defendant, a Royal Prince of Saudi Arabia, agreed to pay her £12m and to procure the transfer to her of two properties.

The claimant claimed that at some point prior to 1970 the late King had promised and assured the claimant that he would provide for her financially. When the late King was proclaimed King of Saudi Arabia in 1982, he was said to have repeated his promise to the claimant. The claimant later alleged that he failed to provide financially for the claimant, and in...

Preedy & anr v Dunne & ors [2015] EWHC 2713 (Ch)

This claim concerned a property. The freehold had belonged legally and beneficially to J who had run a business of a pub and restaurant from the property in partnership with her husband B. J died in 1997. On her death the property passed by her will to her executors and trustees, essentially for the benefit of B for his life and, subject to B’s interest, for J’s three children in equal shares (the will trust).

The claimants were the current trustees of the will trust and hence the legal owners of the freehold of the property. The first defendant was J’s son (one of the beneficiari...

Fielden v Christie-Miller & ors [2015] EWHC 87 (Ch)

This was the hearing of an application for strike out of a Part 20 claim or alternatively summary judgment in favour of the defendants where the underlying proceedings related to two separate trusts: a settlement of land and other assets created on 18 February 1967 by Charles (the settlement) and a will dated 15 March 1998 of Charles’s son, John, who died on 20 December 2004 (the will fund).

The claimant in the underlying proceedings had sought declaratory relief regarding the construction of a March 2007 deed, alternatively rectification of it, whereby the trustees of the will fu...

Libertarian Investments Ltd v Hall FACV Nos 14 & 16 of 2012

W and the defendant embarked on a project with the aim of acquiring a substantial interest in an English company, TSE, which started with the acquisition of 125,000 TSE shares in 2002 (the first tranche). In 2003 they attempted to make additional acquisitions of TSE shares, such attempts involving three of W’s companies, including the plaintiff. The overall scheme was that funds would be provided by one company, Assanzon, for the acquisition of shares for another company, Momentum, which were held for its beneficial owners which were principally the plaintiff company, Libertarian. The fu...