Caldicott & ors v Richards & anor

Autumn 2020 #180

Mr Caldicott is the son of the late Mrs Yvonne Caldicott, who died in November 2012. He, his wife and his adult son brought a claim against his sister, Mrs Pearson, and her co-executor Mrs Walker, as trustees of a discretionary will trust declared by their mother’s will. The beneficiaries of the trust were a closed class composed of the claimants and Mrs Pearson. Mrs Pearson and her co-trustee are private client solicitors and are now both partners in a firm specialising in that field.

Under the terms of the will Mrs Pearson was given a 50% interest in a family company, Wyvern Sec...

Challen v Challen & anor

Autumn 2020 #180

C and Richard Challen (the deceased) were in a relationship for 40 years and had two children (the defendants). Throughout that period the deceased subjected C to sustained coercive control, leaving her in an abnormal psychiatric state. On 15 August 2010 C killed the deceased with a hammer and was convicted of his murder in 2011. In February 2019 that conviction was quashed and the matter remitted for a retrial, and in June 2019 C was convicted upon a guilty plea of manslaughter by reason of diminished responsibility. Under the common law ‘forfeiture rule’ C was precluded from benefiting...

Christodoulides v Marcou

Autumn 2020 #180

The claimant and the defendant were sisters, the daughters of Agni Iacovou (the testatrix). By her will dated 7 August 2012 (the will), made shortly before her death two days later, the testatrix gave her entire net residuary estate to the claimant whom she appointed to be her executrix. The claimant issued proceedings on 18 June 2014 seeking an order that the court pronounce for the will in solemn form. The defendant defended the claim on the basis that the will had been procured by fraudulent calumny – that the claimant had poisoned the mind of the testatrix by casting untruthful asper...

Gandesha & anr v Gandesha & ors

Autumn 2020 #180

The claim involved a 14-bedroomed property in London (the property) which was purchased in 1991 and held upon trust for five brothers as tenants in common in equal shares. It was intended from the outset that the property should be a home for all the brothers and their families. A declaration of trust was executed in June 2015 in order to formalise the arrangement between the brothers.

By the declaration of trust it was declared that the brothers held the property upon trust for sale with power to postpone the sale, and upon trust as to the proceeds of sale and the net rents and p...

Gardiner v Tabet & anr

Autumn 2020 #180

By a will dated 29 May 2017 (the will), Eric Tabet (the testator) gave the whole of his estate to the claimant. The testator, who suffered from long-standing mental illness, had recently been diagnosed with a brain tumour. The will, which was in accordance with the testator’s long-held testamentary intentions, was drawn up by Mr Jamal Hammoud, his close friend for 30 years. He is said to have prepared the will in accordance with those instructions, to have read it aloud to the testator and to have witnessed his signature of it together with another friend, Mr Moshin Lakhim. The testator ...

Gibbons & anr v Smith & ors

Autumn 2020 #180

The claim concerned two adjacent plots of land on Station Road, Hollingwood near Chesterfield, Derbyshire (Plot 1 and Plot 2, collectively the land). At some point before 1986 a Mr Mills, Mr Hartshorne and Mr Unwin had formed a club for railway workers (the association). Plot 1 was purchased by the three in 1986, the conveyance describing them as the trustees of the association and that they took the plot on trust for the association. In 1990 the same three purchased Plot 2. The conveyance again stated they were purchasing as trustees of an association, but the name of that association w...

Lehtimäki & ors v Cooper

Autumn 2020 #180

H and C were two directors and trustees of a charitable company limited by guarantee. They, together with L, were the members of the company. In July 2015 H and C agreed that, subject to the approval of the Charity Commission or the court, C would resign as a director and member of the company and the company would make a grant of $360m to a charity founded by C.

Companies Act 2006, s217 provides that:

‘A company may not make a payment for loss of office to a director of the company unless the payment has been approved by a resolution of the members of ...

Rettendon Parish Council v Hart & ors

Autumn 2020 #180

On 5 December 1861 an award made under the Inclosure Act 1845 created two separate charitable trusts of plots of land within the parish of Rettendon in Essex: the Allotment for Exercise and Recreation (charity number 271480) and the Allotment for the Labouring Poor (charity number 271479).

The claimant was the local civil parish council, established by s1(1) of the Local Government Act 1894. The defendants were current or former members of the parish council. Between 2013 and 2017 a series of appointments of individual parish councillors as trustees of t...

Shapton v Seviour

Autumn 2020 #180

The claimant was the daughter of the late Mr Colin John Seviour. The defendant was Mr Seviour’s second wife. Under the terms of Mr Seviour’s will the defendant was to take the entire estate outright. Mr Seviour died on 8 August 2016. His estate was sworn at £268,000 of which £215,000 was comprised in his share of the matrimonial home he had held under a tenancy in common together with the defendant.

In 2017 the defendant was diagnosed with Motor Neurone Disease. In order to retain her independence she had to have the matrimonial home modified to accommodate her needs. The defendan...

Shapton v Seviour (Costs)

Autumn 2020 #180

The claimant had brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision from the estate of her late father, which, under the terms of his will, had passed in its entirety to the defendant.

The defendant was the deceased’s late wife. Shortly subsequent to the death of the deceased, she was diagnosed with Motor Neurone Disease. This had meant that she required assistance in conducting the litigation. The defendant received assistance from a former partner in a large London law firm (Alan Johnson), acting as he...