Sabados v Facebook Ireland [2019] WTLR 1361
Winter 2019 #177The Claimant, who was a British citizen, was born in Bosnia but had lived in London since 1992. She formed a romantic relationship with a childhood friend called Mirza Krupalija (“Mirza”), following his divorce, which lasted six years until his death in March 2016. Their relationship was for the most part conducted at long distance, although they spent around seven weeks a year together in Bosnia. Mirza used a social media platform operated by the Defendant to post his music, photographs, poems and other personal data. According to the Claimant, some of the data on Mirza‘s Facebook page ...
Scarle v Scarle [2019] WTLR 1369
Winter 2019 #177A husband and his wife were both found dead at their home in October 2016. Both were found to have died of hypothermia, and the wife‘s body in a more advanced state of decomposition. They left jointly-owned property which fell to be distributed differently depending on which of them died first. The parties were the executors of their respective estates.
s184 Law of Property Act 1925 provides as follows: “In all cases where… two or more persons have died in circumstances rendering it uncertain which of them survived the other or others, such deaths shall (subject to any or...
The Quentin Skinner 2005 Settlement L & ors v HMRC [2019] WTLR 1389
Winter 2019 #177On 1 December 2015 three settlements (“the Skinner Settlements”) disposed of 55,000 ordinary shares (“the Shares”) in a company (“the Company”) at a gain. Under each Skinner Settlement a member of the Skinner family had been given an interest in possession in the whole of the settled property on 30 July 2015.
Following the disposal of the Shares, the Skinner Settlements and their respective Beneficiaries (“the Beneficiaries”) claimed entrepreneurs ‘ relief (“ER”) under s169J of the Taxation of Chargeable Gains Act 1992 (“TCGA 1992“) applying a reduced ra...
Re Twah [2019] WTLR 1405
Winter 2019 #177Allied Services Trust (A), a registered charity and authorised trust corporation, applied to be appointed as deputy for property and affairs of an incapacitated adult, TWAH. A filed evidence of its authority to act as a trust corporation, and articles, details of the regulation from the Charity Commission, and its insurance policy. The court considered the application and gave guidance on the appointment of trust corporations linked to a charity.
Held, allowing the application and appointing A as TWAH ‘s deputy:
1) Applying the guidance in Various Incapacit...
In the matter of Various Lasting Powers of Attorney [2019] WTLR 1443
Winter 2019 #177In 15 separate applications under s23(1) Mental Capacity Act 2005 (MCA), the Public Guardian (PG) asked the court to determine the effect of language used in lasting powers of attorney which he was asked to register. Some were withdrawn, leaving 11. The common theme was that each instrument expressed an intention that the attorney use the donor ‘s assets to benefit someone other than the donor.
PS: Under the heading ‘Preferences ‘, the donor entered the words ‘The needs of [LS] before anyone else ‘. Under the heading ‘Instructions ‘, she entered the words ...