Appleby Corporate Services v Citco Trustees 17 ITELR 413
April 2016 #158In March 2000 a settlor transferred about US$10m to a company registered in the British Virgin Islands (BVI). In December 2000 the settlor then settled the entire issued share capital of the company upon a BVI discretionary trust. The beneficiaries of the trust were the settlor’s wife and children and the trustee was the defendant company. The trust deed gave the defendant all the powers and immunities set out in what is now the Second Schedule to the Trustee Act (BVI). On the same day in December the defendant and the company entered into an investment management agreemen...
Aster Healthcare Limited v The Estate of Mohammad Shafi [2014] EWHC 77 (QB)
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 £...
Goenka v Goenka [2014] EWHC 2966 (Ch)
April 2016 #158This was a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 by the widow of Nirupam Goenka (the deceased). The deceased was a member of a statutory pension scheme for NHS employees. The deceased and the claimant had been married for 15 years and together had three sons, aged between 11 and 16, who were represented in these proceedings by their litigation friend, the Official Solicitor. The claimant and the deceased entered into divorce proceedings and a decree nisi of divorce was made on 15 August 2012. On 7 September ...
Re H [2015] EWCOP 52
April 2016 #158H, who was stillborn, was diagnosed as autistic and had poor cognitive functioning and adaptive skills, almost unintelligible speech and limited communicative ability. An only child, now aged 26 years, she lived with her parents, F and M. On 6 August 2014 they applied to be appointed jointly and severally as H’s deputies for property and affairs and personal welfare. At the same time, they applied for the appointment of three successive deputies – A, B and C, all of whom were younger, female (two of them maternal aunts) and well known to H. On 6 January 2015 an order was made, on t...
Henderson v Wilcox [2015] EWHC 3469 (Ch)
April 2016 #158The claimant had been convicted of the manslaughter of his mother (the deceased). He had a low IQ though there was no clear medical view that he suffered from a mental disorder. However, he had not argued that he was unfit to plead and he had not raised a defence of diminished responsibility. He was sentenced to be detained in hospital under s37 of the Mental Health Act 1983. He was detained in a medium security establishment, and it was considered unlikely that he will ever be fit for discharge.
The deceased’s house did not form part of her estate. It had ...
Ross v A [2015] EWCOP 46
April 2016 #158A, who was 18 years old, had received £5,000,000 in settlement of a claim for clinical negligence which had left her with cerebral palsy, epilepsy, cortical blindness, severe intellectual impairment and extreme behavioural problems. She lived at home with her parents and siblings. A professional with 25 years’ experience, David Ross of Simpson Millar, Solicitors, was appointed by the Court of Protection as deputy for her property and affairs. B, who was A’s brother, had not progressed at primary school as well as he could have during the build up to the trial in the High Cour...
Wilby v Rigby [2015] EWHC 2394 (CH)
April 2016 #158This was a claim by the claimant (C) against her brother (D) relating to the administration of the estate of their late mother (S).
S died on 30 November 2011 leaving two children: C and D. S’s will appointed C and D as executors and trustees and she gave her whole estate, upon the usual trusts for sale and conversion, to be held in trust to divide the net sale proceeds equally between C and D.
The main asset in the estate was S’s property worth in the order of £165,000 (the House). There were also capital and other investments in the order of some £108,000. The...
Re WP [2015] EWCOP 84
April 2016 #158The applicants (the attorneys) were joint attorneys of their parents WP (who had died in 2015) and EP (the parents) under enduring powers of attorney (EPAs). There was a further sibling, S, who was not an attorney. The EPAs were registered in October 2009. The parents had joint income in 2014/15 of £29,077 and expenditure of £21,256. This expenditure included unauthorised payments of £150 per month to each one of their children. Their sister S instigated an investigation by the Office of the Public Guardian, and the Public Guardian requested that the attorneys seek retrospective approval...
Zeital v Kaye & ors [2010] EWCA Civ 159
April 2016 #158The appeal concerned a dispute over the beneficial ownership of the sole two issued shares in a company in liquidation (the company). The company was incorporated by the deceased in 1988. The shares were originally issued to the company’s formation agents, a Mr Ashok Kumar and Mrs Kamlesh Kumar. Each signed an undated blank stock transfer form in relation to the share he/she held, leaving blank the transferee boxes. These forms came into the deceased’s possession.
In 1998 the company was struck off the register by the Registrar of Companies. In February 2004 the deceas...