Wang v Darby [2022] WTLR 327

Wills & Trusts Law Reports | Spring 2022 #186

The parties entered into contracts whereby they exchanged specified quantities of cryptocurrencies, namely Tezos and Bitcoin, on terms of reciprocal restoration of the same amounts of each currency upon or after an agreed period of two years. The claimant applied to continue a worldwide freezing order and proprietary injunction. The defendant applied to strike out/enter summary judgment on the proprietary claims.

Held – applications granted in part

  1. 1) Principles:
    1. a) Fungible and non-identifiable digital assets constitute property ...

Oberman v Collins & anr [2021] WTLR 267

Wills & Trusts Law Reports | Spring 2021 #182

In consolidated proceedings, the claimant sought a declaration that she was beneficially entitled to 50% of 41 properties on the basis of a common intention constructive trust, a partnership or proprietary estoppel. The claimant also sought relief under ss994 and 996 of the Companies Act 2006 on the grounds of unfair prejudice.

The claimant and the first defendant were in a relationship between 1995 and 2015, moving in together in 1996, and having two children. The second defendant was incorporated on 16 September 1996: 51 shares were issued to the first defendant and two shares w...

Easingwood v Cockroft & ors 2013 BCCA 182

Wills & Trusts Law Reports | December 2016 #165

Reginald Easingwood (Reginald) was married to Kathleen Easingwood (Kathleen) from 1983. He had four children by his first wife, who had died in 1976. In April 2001, Reginald executed an enduring power of attorney in favour of his two children acting together. Three years later, in March 2004, Reginald made a will. Under that will, Kathleen was to have an entitlement to income in a fund of $525,000 (plus adjustment for each year), which upon her death would be divided between his children, his step children, and his grandchildren. He also gave his wife a life interest in the matrimonial h...

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

Wills & Trusts Law Reports | March 2015 #147

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...

Wise v Jimenez & anr HC12CO0367

Wills & Trusts Law Reports | January/February 2014 #136

In 2007 the defendant Mr Jimenez (J) became involved in the development of a golf course in France and gathered together a number of investors including the claimant Mr Wise (W), then a close friend of his, who provided £500,000 to invest in the project. The money was procured by means of a loan from Coutts and Co of £350,000 together with funds from two other accounts held by W. It was transferred to the account of a dormant company, the second defendant, CD Investments Ltd (CDI) set up by W and now in liquidation, and hence to an account with HiFX in J’s name in the form of €...