Santander UK PLC v R.A. Legal Solicitors [2014] EWCA Civ 183
Wills & Trusts Law Reports | June 2014 #140Abbey National Building Society (now Santander UK PLC) (A) agreed to lend £150,000 to an individual (V) for the purpose of purchasing a property subject to taking a first legal charge. RA Legal Solicitors (R) conducted the conveyancing, acting for both V and A. The vendor’s solicitors (S) were a real firm but acted dishonestly, falsely representing that they acted for the vendor. On 17 July 2009 A transferred £150,000 (plus fees) to RA’s bank account. S notified an account to which the completion monies should be sent and on 28 July 2009 S purported to exchange and complete and RA arrang...
Brudenell-Bruce, Earl of Cardigan v Moore & ors [2013] EWHC 4408 (Ch D)
Wills & Trusts Law Reports | May 2014 #139The claimant, Mr Brudenell-Bruce Earl of Cardigan brought a claim for breach of trust against two trustees of the Savernake Estate trust of which he is a beneficiary.
Mr Moore is a lay trustee of the trust. Mr Cotton is a professional trustee and an accountant. No claim was brought against the third trustee Mr Ford.
On 14 November 2013 the claimant applied for permission to amend his particulars of claim. A draft of the proposed re-amendments was supplied to all parties on 1 October 2013. The second defendant replied to the draft stating that he was minded to agree to the...
Santander UK PLC v RA Legal Soliciors [2013] EWHC 1380 (QB)
Wills & Trusts Law Reports | April 2014 #138Abbey National Building Society (now Santander UK PLC) (A) agreed to lend £150,000 to an individual (V) for the purpose of purchasing a property subject to taking a first legal charge. RA Legal Solicitors (R) conducted the conveyancing, acting for both V and A. The vendor’s solicitors (S) were a real firm but acted dishonestly falsely representing that they acted for the vendor. On 17 July 2009 A transferred £150,000 (plus fees) to RA’s bank account. S notified an account to which the completion monies should be sent and on 28 July 2009 S purported to exchange and complete and RA arrange...
AIB Group (UK) plc v Mark Redler & Co Solicitors [2013] EWCA Civ 45
Wills & Trusts Law Reports | October 2013 #133In 2006, Drs Ravindra and Salma Sondhi applied to the claimant (AIB) for a loan of £3.3m, to be secured against their private home, in order to provide finance for their business. The application stated that the Sondhis’ home was worth £4.5m but was subject to an existing mortgage in favour of Barclays Bank to secure an outstanding loan of £1.5m. AIB agreed to the loan but required security over the Sondhis’ home in the form of first legal charge. AIB instructed the defendant (MRC) to act for it in connection with the remortgage and provided MRC with a facility letter which s...
Re X (Trust) [2012] JRC 171
Wills & Trusts Law Reports | May 2013 #129The plaintiff/representors (A and B) are the principal beneficiaries of X Trust, a discretionary trust governed by the law of Jersey with the first defendant/respondent (C) being the sole trustee. There are other stipendiary beneficiaries.
It is a large trust and owns shares in a public quoted company that have plummeted in value. No claim in respect of this loss has been made. However, there are other losses totalling nearly £100m and A and B wish to bring a breach of trust claim in respect of these losses.
If A and B are successful in their claim they will not personall...
Davisons Solicitors v Nationwide Building Society [2012] EWCA Civ 1626
Wills & Trusts Law Reports | April 2013 #128The claimant (Nationwide) offered on 12 December 2008 to lend Mr Patel £187,500 to enable him to buy 61 Avery Road, West Midlands (the property) for £249,995. Both Nationwide and Mr Patel instructed the defendant (Davisons) as solicitor on the basis of the Council of Mortgage Lenders Handbook (CML Handbook).
Paragraph 10.3.4 of the CML Handbook required Davisons to hold the loan money on trust for Nationwide until completion. On 30 January 2009, Davisons were informed by a letter sent from the offices of Rothschild in Small Heath that Rothschild were ac...
Gabriel v Little & ors [2012] EWHC 1193 (Ch)
Wills & Trusts Law Reports | April 2013 #128The claimant (Mr Gabriel) and the first defendant (Mr Little) were businessmen and erstwhile friends who had previously collaborated in respect to a project known as Southgate street development in Gloucester. The third defendant (High Tech), the entire share capital of which was owned by Mr Little, was the building contractor. The fourth defendant (BPE), a firm of solicitors engaged by Mr Gabriel, drafted a facility letter recording the terms upon which Mr Gabriel was prepared to make a contribution by way of loan to the cost of the development. In the event, Mr Gabriel was unable to ob...
Iles v Iles [2012] EWHC 919 (Ch)
Wills & Trusts Law Reports | April 2013 #128The deceased, Mr Bob Iles (D) acquired the disputed land and other land which formed part of the Forge Industrial Estate (the Forge) in Darlington over a period of time.
In 1983 D and his wife, the defendant, Mrs Margaret Iles (W) signed a declaration of trust declaring that they held a parcel of land at the Forge in favour of the claimant, their daughter Rebecca (R) upon her attaining 21 years of age. In 1988 the council compulsorily purchased all land held by D and W at the Forge, which included this parcel of land. Following lengthy negotiations, there was an exchange of land ...
Mosley v Popley [2012] EWHC 3905 (Ch)
Wills & Trusts Law Reports | April 2013 #128The second defendant (Mr Mosley) appealed against the judgment of Deputy Master Bartlett of 9 May 2012 dismissing his application to strike out the claim brought against him by the claimant (Mr Popley). Mr Popley’s father had caused a trust known as the Blue Ridge Trust (the trust) to be settled in St Vincent and the Grenandines. The shares in the first defendant company (Atem) were held by the third defendant corporate trustee on the terms of the trust. In 2000, Atem purchased White Owl Barn, Tenterden, Kent. Atem remained legal and beneficial owner of the property until 2011. In ...
Helmsman Ltd & anr v Bank of New York Trust Co (Cayman) Ltd [2009] CILR 490
Wills & Trusts Law Reports | January/February 2013 #126The defendant Bank of New York Trust Co (Cayman) Ltd (BNY Cayman) was sole trustee of the Beverley and Howden Settlements from June 1999 until February 2005 and trustee of the London Settlement from March 2000 until November 2002. The first plaintiff, Helmsman Ltd (H(1)), is a Bermudian company and now the sole trustee of the Beverley and Howden Settlements. The second plaintiff, the Hotham Trustee Co Ltd (H(2)), is an English company and the sole trustee of the London Settlement. The Beverley and Howden Settlements (the UK settlements) provide that the proper law of the settlement is th...