Fudia Smartt and Holly Hobson examine the lessons from a case in which, to ‘soften the blow‘ of dismissal, an employer gave a false reason for letting an employee go ‘In all but the most unusual cases, there was an implied duty on employers not to mislead employees deliberately. So, once it opted to give …
Continue reading "Breach of contract: The truth hurts but dishonesty can be costly"
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Wills & Trusts Law Reports | July/August 2016 #161The claim arose from a purported sale of a property to the claimant by a fraudster who purported to be, but was not in fact, the registered owner of the property. By the time the fraud was discovered the whole of the purchase price had been paid by the claimant to the second defendant (the claimant’s conveyancer), by the second defendant to the first defendant (the fraudster’s solicitor) and by the first defendant to an account in Dubai upon the fraudster’s instructions.
The fraudster’s instructions to the first defendant were that the property had been given to him by his father,...
Wills & Trusts Law Reports | April 2016 #158This was an appeal from a decision to grant summary judgment to the claimant (C) in a claim against the defendant (D) for outstanding care home fees.
C is a company that owns and runs care homes registered under the Care Standards Act 2000 including a residential nursing home in Southall specialising in caring for elderly persons suffering from dementia (the Home). The majority of referrals to the Home are made by the local authority (LA). Mr Shafi was a resident of the Home from 29 January 2010 until his death on 28 March 2012. The total outstanding fees claimed amounted to £...
Wills & Trusts Law Reports | December 2014 #145The claimant Arthur Watts (Arthur) sued his brother James Watts (James) in respect of trust transactions in 1998.
In 1967 Geoffrey Watts, the father of Arthur and James, made a settlement in favour of his children and grandchildren. In 1976 this trust fund was split into separate trust funds for each of Geoffrey’s children. James was one of the trustees of Arthur’s trust fund. The main beneficiaries were Arthur in his lifetime and thereafter his legitimate children. Clause 4 allowed the trustees to pay all the capital to Arthur if they considered it to be to his advantage...
Wills & Trusts Law Reports | October 2014 #143Mr John Bayley settled property on trust on 17 November 1983. He died in 1987. The trust was established with the assistance of the settlor’s longstanding business associate and friend, Mr Derek Gray, who provided various services to the trust through the first defendant, SG Associates (SGA), a company of which he was a director. From 1998, Mr Gray was also director of a US company known as Clean Diesel Technologies (CDT), which developed, designed, marketed and licensed technologies and solutions for the reduction of emissions from combustion engines. He was also a director of SGA...
