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...

Curtis Green v HMRC [2015] UKFTT 0236 (TC)

Wills & Trusts Law Reports | October 2015 # 153

Mrs Green ran a business known as Flagstaff Holidays (the business) which let five units of self-contained holiday accommodation in a property known as Flagstaff House, Burnham Overy Staithe, King’s Lynn, Norfolk (the property). Mrs Green had bought the property for £900,000 in 2003. Between 2009-2012, the property was let for a total of around 650 to 750 nights a year. At all relevant times, Mrs Green lived in Woodbridge, Suffolk. On 2 February 2010, the property was valued by a firm of estate agents at £1.9m on a vacant possession basis.

On 5 April 2010, Mrs Green settled ...

Bieber & ors v Teathers Ltd [2012] EWCA Civ 1466

Wills & Trusts Law Reports | January/February 2013 #126

The defendant (Teathers) promoted a series of unregulated collective investment schemes intended to take advantage of tax reliefs available on investments in TV productions. UK tax payers were entitled to write down 100% of any expenditure on a film or TV production certified as a British Qualifying Film. The schemes had not proved successful. Many of the productions were commercial failures and a number of them had not been certified as British Qualifying Films and were illegible for the tax relief that was the rationale behind the schemes. The claimants argued that money invested in th...

Drake v Harvey & ors [2011] EWCA Civ 838

Wills & Trusts Law Reports | November 2011 #114

Mr and Mrs H, their son A and their daughter F were partners in a partnership engaged in farming. The partnership was governed by a partnership deed dated 14 February 1989. One of the assets of the farming partnership was farmland worth approximately £5.5m. Mr and Mrs H ceased to be partners as a result of their loss of mental capacity. They have since died. A ceased to be a partner on his death and therefore F was the only surviving partner.

The partnership capital was originally divided into A and B capital and additional capital. By clause 6 of the partnership deed, A capital h...

Partnership: When partners fall out

Peter Dodge considers whether the court will order the completion of unfinished projects following dissolution ‘There is very little pre-1890 authority as to the extent of a partner’s authority to bind his former partners following dissolution.’ Section 39 of the Partnership Act 1890 provides for the winding-up of the business and affairs of a dissolved …
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