3 October 2016

Contentious Trusts and Probate Monthly Round-Up: Bumper Summer Vacation Edition 2016

Barnsley & Ors V Noble [2016]: The Court of Appeal considered the proper interpretation of an exoneration clause contained in a will to relieve the trustees under trusts set out in the will of personal liability in respect of certain breaches of duty by them.

Katherine Pymont

7 September 2016

Trojan Horse: 'Christmas ban' teacher case not proven

The BBC reports that the case against a teacher accused of stopping Christmas and Diwali celebrations at a school has not been proven, a disciplinary panel has ruled.

Lucy Williams

2 August 2016

Contentious Trusts and Probate Monthly Round-Up: July 2016

Lewis v Warner [2016] EWHC 1787 (Ch)

The High Court has upheld a decision that an individual’s maintenance under the Inheritance (Provision for Family and Dependants) Act 1975 (“1975 Act”) can extend to an arrangement for full consideration. Audrey Blackwell (the Deceased) had bequeathed her entire estate to Lynn Lewis (the Claimant), her only child. The estate was comprised primarily of the Deceased’s home were she had lived with Thomas Warner (the Defendant) for more than 20 years. Ms Lewis issued a possession claim against Mr Warner who responded by making a claim for provision under the 1975 Act. Mr Warner was financially secure but, primarily as a consequence of ill health, wanted to stay in the Deceased’s house. At first instance, the court held that Mr Warner should be granted an option to have the property transferred to him. Mr Justice Newey said that the court was right to conclude that the Deceased’s will had failed to make reasonable provision for Mr Warner and the court was right to compel Ms Lewis to transfer the house.

Katherine Pymont

14 July 2016

Civil Fraud Quarterly Round-Up: Q2 2016

In the most recent instalment of JSC BTA Bank v Mukhtar Ablyazov the Court established a new weapon against fraudsters in respect of unlawful means conspiracy.  Such a claim requires some form of understanding between two or more people, an intention to injure, a form of concerted action using unlawful means which results in damage being caused to the person or entity targeted.  

Mary Young

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