Re MA 12039024
March 2013 #127MA, who was born in 1978, was disabled and the PCT responsible for his care brought personal welfare proceedings in the Court of Protection for declarations as to his lack of capacity and where it would be in his best interests to live. MA’s mother opposed the application and, following the discovery that his capital exceeded the relevant limit, public funding was withdrawn in relation to those proceedings. On 31 May 2012 an order was made by Holman J authorising the Official Solicitor, who had been appointed as MA’s litigation friend, to investigate his property and financia...
Pope & ors v HMRCC [2012] UKUT 206 (TCC)
March 2013 #127Jason Pope (Mr Pope) was a geologist who worked for a mining company in Angola. On 8 November 1998 Mr Pope went missing and it is believed he was abducted by Unita rebels. Nothing has been heard of him since that date. Prior to his death, Mr Pope assured his own life in the sum of £100,000 under a life assurance policy dated 15 April 1996 with Equitable. The assured sum was payable to Mr Pope or his personal representatives upon Equitable receiving satisfactory proof of Mr Pope’s death. Following negotiations with Mrs Pope’s mother, acting as his attorney pursuant to a power ...
Ramsay v HMRCC [2012] UKFTT 176 (TC)
March 2013 #127In 2004, the appellant (Mrs Ramsay) and her husband transferred a property that they owned (Moat House) into a corporate vehicle, TPQ Developments Ltd, in exchange for shares in that company.
Moat House was a large property converted into ten flats. Five were occupied at the operative time.
On her tax return for 2004/05, Mrs Ramsay claimed relief under s162 Taxation of Chargeable Gains Act 1992 (TCGA) (rollover relief on the transfer to the company).
In September 2007 HMRC raised an enquiry notice.
Mrs Ramsay argued in correspondence that the nume...
Shirt v Shirt [2012] EWCA Civ 1029
March 2013 #127Stanley Shirt, the claimant (C), owned the freehold of the family farm (Syda) and an agricultural tenancy (Rufford), which he lost in 2007 as a result of failure to pay the rent. He had three sons and a daughter. In 1974 C entered into a farming partnership with his wife, Marie (M), who died in 2004, and his son, Alan (A). Both farms were recorded as partnership assets. In 2006 C fell out with A and thereafter they carried on two separate businesses. A lived in a house on Rufford until the tenancy came to an end, when he moved into a caravan on Syda. C brought a claim for possession agai...
Singh & ors v Ahluwalia [2012] EWCA Civ 1635
March 2013 #127The testator, Ranjit Singh (D), died in 2009. He had executed a will dated 3 May 1999, naming his eldest son, the claimant (J), as executor and sole beneficiary. The will was attested by two witnesses, Maurice Grantham (G) and Gurdial Ahluwalia (A). D’s daughter, Balvinder Ahluwalia (B), challenged the will on the grounds that the two witnesses had signed it on two separate and distinct occasions at different places. G gave evidence that he had signed the will when D visited his house and he was the only witness present, but he was not able to identify the will when it was shown to...
Re The Shinorvic Trust [2012] JRC081
March 2013 #127The Shinorvic Trust (the trust) was established by VB (the settlor) on 19 July 1988. The trust was a discretionary trust governed by Jersey law. The original trustees of the trust were the Radcliffes Trustee Company SA (Radcliffe) and the original beneficiaries were the settlor’s sister MF and her children and remoter issue. Clause 2(3) of the trust deed conferred a power on the settlor to add beneficiaries. The power to add was exercisable by ‘instrument’ executed by the settlor. Clause 2(1)(f) of the trust deed defined an ‘instrument’ as ...
Clarke v Meadus [2010] EWHC 3117 (Ch)
March 2013 #127Mrs Clarke was the daughter of Mrs Meadus and Mr R Meadus, who owned a property known as Bonavista as joint tenants. Mr Meadus died in March 1995. Mrs Clarke alleged that prior to his death Mr Meadus expressed that he wanted Bonavista to remain in the family after he and his wife were dead. They wanted Mrs Clarke to live with Mrs Meadus, at Bonavista, for the remainder of her life and she would have Bonavista on Mrs Meadus’s death. Mrs Meadus asked Mrs Clarke and her husband to move in, which they did in September 1995, after allegedly receiving repeated promises that Mrs Meadus would le...
Hughmans Solicitors v Central Stream Services Ltd & anr [2012] EWCA Civ 1720
March 2013 #127Hughmans Solicitors (Hughmans) appealed from the decision of Briggs J that a debt owed to Hughmans, secured by a charging order, did not enjoy priority over the rights of Central Stream Services Ltd (in liquidation) (the company) and its liquidator arising from a Tomlin Order.
Hughmans had applied for an order for payment of £19,000 from the proceeds of sale of 3 Tisdal Place, London (the property). Hughmans claimed to be entitled to the payment on the basis of a judgment debt secured by a final charging order against the property. The company and its liquidator claimed a prior s...