Naylor v Barlow [2019] EWHC 1565 (Ch)

WTLR Issue: Autumn 2019 #176

1. IAN CHRISTOPHER NAYLOR

2. EMMA LOUISE AMAT

V

1. JUDITH BARLOW

2. JANET LOMAX

3. BERYL CLOWES

4. JOHN HINE

5. BARBARA HINE

Analysis

The claimants were practising solicitors and trustees of a trust created by the will of John Hine (T) who died on 4 January 1992. T had had four children. Two, Beryl Clowes and John Hine, were the third and fourth defendants. One, Philip Hines, pre-deceased T leaving two children, Judith Barlow and Janet Lomax, the first and second defendants. The fourth, Basil Hine, had survived T but died before the proceedings were issued leaving a widow, Barbara Hine, who was the fifth defendant.

Counsel details

Michael O’Sullivan
5 Stone Buildings, Lincoln’s Inn, London, WC2A 3XT, Tel: +44 (0)20 7242 8102, e-mail: clerks@5sblaw.com) instructed by Bowcock & Pursaill (2 Ridge House, Ridehouse Drive, Festival Park, Stoke on Trent, ST1 5SJ, Tel: +44 (0)1782 200 000) for the claimants.


Christopher McNall (18 St John Street Chambers, Manchester, M3 4EA, Tel: +44 (0)161 278 1800, e-mail: clerks@18sjs.com) instructed by Nigel Davis (3-4 Spire House, Waterside Park, Ashbourne, DE6 1DG, Tel: +44 (0)1335 346 772) for the first and second defendants. The third to fifth defendants did not appear and were not represented.

Cases referenced

Cases in bold have further reading - click to view.

  • Astley v Earl of Essex (1874) LR 18 Eq 290
  • Crossley v Armour [2008] NICh 4
  • Harries v Barclays Bank [1997] 2 E.G.L.R. 15
  • Hives v Machin [2017] WTLR 983, [2017] EWHC 1414 (Ch)
  • Ling v Ling [2002] WTLR 553, [2002] EWHC ChD 264
  • Re Berens [1926] Ch 596
  • Re Greenwood [1903] 1 Ch 749
  • Re Hodges' Legacy (1873) LR 16 Eq 92
  • Re Jones [1947] 2 All ER 716
  • Re Quintin Dick [1926] Ch 992
  • Simpson v Vickers (1807) 14 Ves Jnr 341, 33 ER 552
  • Watson v The National Children's Home Co [2001] WTLR 1375

Legislation referenced

Legislation in bold has further reading - click to view.