“The former Rangers Football Club did not act illegally when it used employee benefit trusts (EBTs) to distribute money to players and staff, a tribunal has ruled.”
OUT-LAW.com, 22nd November 2012
Source: www.out-law.com
“The son of a baronet embroiled in a bitter legal dispute with his father over the sale of the family’s £2 million estate was yesterday awarded just £5.60 a year by the High Court.”
Daily Telegraph, 21st November 2012
Source: www.telegraph.co.uk
“A ‘very wealthy’ Russian businessman today lost a legal fight with his ex-wife over the ownership of a house in London worth millions of pounds.”
The Independent, 17th September 2012
Source: www.independent.co.uk
Hughes and others v Bourne and others [2012] EWHC 2232 (Ch); [2012] WLR (D) 242
“The personal representatives’ power of appropriation under section 41(1) of the Administration of Estates Act 1925 was not confined to transactions of a contractual or quasi-contractual nature.”
WLR Daily, 27th July 2012
Source: www.iclr.co.uk
“Khaira v. Shergill [2012] EWCA Civ 893 – We have become used to the courts getting involved, more or less willingly, in religious issues, not least where religious freedoms conflict with legal rules which are said to be inconsistent with the exercise of those freedoms. But as Adam Wagner pointed out, in an earlier round of this litigation concerning two Sikh places of worship (Gurdwaras), the courts have developed rules stopping themselves from deciding certain cases, not least because the courts recognise they don’t know what they are doing once they get themselves immersed in issues of religious doctrine.”
UK Human Rights Blog, 22nd July 2012
Source: www.ukhumanrightsblog.com
Shergill and others v Khaira and others: [2012] EWCA Civ 983; [2012] WLR (D) 214
“The courts will abstain from adjudicating on the truth, merits or sincerity of differences in religious doctrine or belief and on the correctness or accuracy of religious practice, custom or tradition.”
WLR daily, 17th July 2012
Source: www.iclr.co.uk
“The purpose of this article is to consider the law of constructive trusts following Jones v. Kernott [2011] UKSC 53, judgment given on 9th November 2011, insofar as it relates to the purchase of property primarily by cohabitants.”
Full story (PDF)
Zenith Chambers, 27th June 2012
Source: www.zenithchambers.co.uk
Philippe and others v Cameron and others [2012] EWHC 1040 (Ch); [2012] WLR (D) 130
“The purpose of section 2(2) of the Charitable Trusts (Validation) Act 1954 was to prevent the Act being applied where an imperfect trust provision had already been recognised to be invalid and the invalidity acted upon.”
WLR Daily, 2nd May 2012
Source: www.iclr.co.uk
“An aristocrat whose family name is famed for its link to the Charge of the Light Brigade today failed in a bid to prevent dozens of portraits of his ancestors being sold.”
The Independent, 20th April 2012
Source: www.independent.co.uk
Gregg and another v Pigott and others [2012] EWHC 732 (Ch); [2012] WLR (D) 104
“The phrase ‘statutory next of kin’ in an English settlement made in 1948 should be construed in such a way as to eliminate discrimination against adopted children by virtue of articles 8 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 29th March 2012
Source: www.iclr.co.uk
“The ‘client money pool’ to be distributed among former clients of Lehman Brothers’ London affiliate was not limited to money which had been placed in segregated client accounts, as required by the Financial Services Authority, but extended to identifiable client money which the company had failed to segregate and had retained in its own house accounts. The pool was to be distributed rateably among all clients who had a contractual entitlement to have money segregated and not just those in whose favour segregation had actually occurred.”
WLR Daily, 29th February 2012
Source: www.iclr.co.uk
Lloyds TSB Bank plc v Markandan & Uddin (a firm) [2012] EWCA Civ 65a; [2012] WLR (D) 29
“The completion of sale of land and mortgage did not become effective until all executed title documents including mortgage loan agreement and deed in the name of the purchasers or an effective undertaking from the purchaser’s real solicitor or agent to exchange the documents were received by the vendor or his agent. Therefore, a solicitor who had parted with the money entrusted to him by the lender to a purchaser’s fictitious solicitor in exchange for a purported undertaking from the bogus solicitor to exchange and forward those documents committed a breach of trust.”
WLR Daily, 9th February 2012
Source: www.iclr.co.uk
“Descendants of Josiah Wedgwood, the 18th-century pottery manufacturer, have called on the Government to intervene to prevent the selling off of the Wedgwood Museum.”
Daily Telegraph, 9th January 2012
Source: www.telegraph.co.uk
“Loans between pension schemes are ‘unauthorised payments’ which cannot be used as a way of unlocking pension capital before a scheme member retires, the High Court has ruled.”
OUT-LAW.com, 21st December 2011
Source: www.out-law.com
Chaudhary v Yavuz [2011] EWCA Civ 1314; [2011] WLR (D) 336
“In the context of a sale of property, great care would be required before one could conclude that it was ‘unconscionable’ for a purchaser to deny a right whose existence he could have ascertained merely by inspecting the property.”
WLR Daily, 22nd November 2011
Source: www.lawreports.co.uk
Wright and another v Gater and another; [2011] EWHC 2881 (Ch); [2011] WLR (D) 318
“The court should not in principle regard the postponement of the vesting of an estate as ‘beneficial’.”
WLR Daily,7th November 2011
Source: www.iclr.co.uk
“XXIV Old Buildings’ Stephen Moverley Smith QC on the impact of a ruling over the powers of a trust’s settlor.”
Legal Week, 6th October 2011
Source: www.legalweek.com
“The children of the Duke of Manchester’s bigamous second marriage can benefit from his estate, after a judge ruled that the aristocracy cannot ignore the rights of illegitimate offspring.”
Daily Telegraph, 20th July 2011
Source: www.telegraph.co.uk
Sutton and others v England and others [2011] EWCA Civ 637; [2011] WLR (D) 182
“The partition of a trust fund did not necessarily have more than an incidental impact on, or necessarily involve a variation or rearrangement of, the beneficial interests in it. The court therefore had power, in appropriate circumstances, to grant an application by trustees under section 57(1) of the Trustees Act 1925 for the appropriation and partition of trust property.”
WLR Daily, 26th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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