Re I
Tuesday, 10th July 2007
[2007] All ER (D) 45 (Jul); 4th July 2007; Sullivan J
This case was about a Hawala money transfer service. A received sterling from customers in England and agreed to pay the customer an equivalent amount (less a commission) in Read more
Phelps v Stewarts (a Firm)
Tuesday, 10th July 2007
[2007] EWHC 1561 (Ch); 2nd July 2007; Bernard Livesey QC
A, who was an “unsophisticated” individual, was injured in a road accident and sued for damages. His solicitor (S) expected him to receive substantial damages and sought advice from T, a specialist in trust matters about setting up a trust for A. T advised that a Read more
Henwood v Barlow Clowes International Ltd (in liquidation)
Tuesday, 10th July 2007
[2007] EWHC 1579 (Ch); 3rd July 2007; Evans-Lombe J
In order to bring a bankruptcy petition in England against a debtor, it has to be shown that the debtor is domiciled in England (s. 265(1)(a) Insolvency Act 1986). Here, the debtor’s domicile of origin was England. At the time of the petition for bankruptcy, Read more
PRs of Lyon, dcsd, v Revenue and Customs
Tuesday, 10th July 2007
SpC 616; 26th June 2007; Special Commissioners; Michael Tildesley
This was a case of a settlor being one of the objects of discretionary trusts in the settlement. After his death it was contended that this did not mean that there was inevitably a reservation of benefit. The arguments, which largely revolved around IRC v Eversden [2003] STC 822, were not strong and did not succeed.
AN v Barclays Private Bank & Trust (Cayman) Ltd
Tuesday, 10th July 2007
[2007] WTLR 565, 9 ITELR 630; Grand Court of the Cayman Islands
In this case the settlement contained discretionary trusts and a forfeiture clause that provided that, if any beneficiary contested the validity of the deed, the validity of any transfer of property into the trust fund or the decisions of the Trustee or the Protection Read more
Burden v United Kingdom
Tuesday, 10th July 2007
(2006) 21 BHRC 640, [2007] STC 252, 9 ITLR 535, [2007] WTLR 607; European Court of Human Rights
In this case, two unmarried sisters, the youngest of which was 81 years old on the date of judgment, lived together all their lives. They owned their home jointly and had done so for 30 years, inheriting it from their parents. Each of them also owned other assets and the
