Industry-Wide Coal Staff Superannuation Scheme Co-ordinator Ltd v Industry-Wide Coal Staff Superannuation Scheme Trustees Ltd – WLR Daily

Posted January 11th, 2013 in law reports, pensions, trusts by tracey

Industry-Wide Coal Staff Superannuation Scheme Co-ordinator Ltd v Industry-Wide Coal Staff Superannuation Scheme Trustees Ltd: [2012] EWHC 3712 (Ch) ; [2013] WLR (D) 6

“For the purposes of paragraph 3(7)(c) of schedule 5 to the Coal Industry Act 1994 the requirement that the rules of a new pension scheme be ‘no less advantageous’ than the previous scheme was not the same as a requirement that the rules of the new scheme be the same as the rules of the pre-existing scheme. The omission of a pro-rating provision from draft rule 33 of the Schedule to the Industry-Wide Coal Staff Superannuation Scheme Regulations 1994 (SI 1994/2973) was not a mistake in drafting and the rule fell to be construed in accordance with its express terms.”

WLR Daily, 20th December 2012


Pensions Ombudsman v EMC Europe Ltd and others – WLR Daily

Pensions Ombudsman v EMC Europe Ltd and others: [2012] EWHC 3508 (Ch); [2012] WLR (D) 382

“The Pensions Ombudsman had no jurisdiction to entertain a complaint by a scheme member to set aside a compromise agreement where successful determination of the complaint would adversely affect the rights of the parent company in circumstances where it was a necessary party to any claim to set aside the agreement but was not subject to the ombudsman’s jurisdiction.”

WLR Daily, 14th December 2012


Employee benefit trust payments to Rangers staff and players were not illegal, says tribunal –

Posted November 22nd, 2012 in benefits, employment, news, sport, tax avoidance, tribunals, trusts by tracey

“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.”

Full story, 22nd November 2012


Baronet’s son awarded £5.60 in £2.5m family castle sale row – Daily Telegraph

Posted November 22nd, 2012 in families, news, peerages & dignities, sale of land, trusts, wills by tracey

“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.”

Full story

Daily Telegraph, 21st November 2012



Russian businessman Vladimir Slutsker loses legal fight over London house – The Independent

Posted September 18th, 2012 in divorce, matrimonial home, news, trusts by sally

“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.”

Full story

The Independent, 17th September 2012


Hughes and others v Bourne and others – WLR Daily

Posted August 2nd, 2012 in appropriation, law reports, trusts, wills by sally

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


Religious no-go area for the courts with their “costly crudities” – UK Human Rights Blog

Posted July 23rd, 2012 in courts, dispute resolution, judiciary, news, trusts by tracey

“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.”

Full story

UK Human Rights Blog, 22nd July 2012


Shergill and others v Khaira and others – WLR daily

Posted July 19th, 2012 in appeals, law reports, succession, trusts by tracey

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


Cohabitation and Trusts of Land Update – Zenith Chambers

Posted July 3rd, 2012 in cohabitation, land registration, news, trusts by sally

“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


Philippe and others v Cameron and others – WLR Daily

Posted May 3rd, 2012 in charities, law reports, trusts by sally

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


Earl of Cardigan loses paintings court battle – The Independent

Posted April 20th, 2012 in artistic works, leases, news, trusts by sally

“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.”

Full story

The Independent, 20th April 2012


Gregg and another v Pigott and others – WLR Daily

Posted April 2nd, 2012 in adoption, human rights, law reports, news, trusts by sally

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


Lehman Brothers International (Europe) (in Administration) v CRC Credit Fund Ltd and Others (Financial Services Authority intervening) – WLR Daily

Posted March 2nd, 2012 in client accounts, financial regulation, insolvency, law reports, trusts by tracey

Lehman Brothers International (Europe) (in Administration) v CRC Credit Fund Ltd and Others (Financial Services Authority intervening): [2012] UKSC 6: [2012] WLR (D)  53

“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


Lloyds TSB Bank plc v Markandan & Uddin (a firm) – WLR Daily

Posted February 13th, 2012 in law reports, sale of land, sham transactions, solicitors, trusts by sally

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


Wedgwood family call on Attorney General to save their museum – Daily Telegraph

Posted January 9th, 2012 in news, pensions, trusts by tracey

“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.”

Full story

Daily Telegraph, 9th January 2012


‘Pension unlocking’ loan schemes ruled unlawful –

Posted December 21st, 2011 in loans, news, ombudsmen, pensions, taxation, trusts by tracey

“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.”

Full story, 21st December 2011


Chaudhary v Yavuz – WLR Daily

Posted November 24th, 2011 in appeals, easements, law reports, sale of land, trusts by sally

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


Wright and another v Gater and another – WLR Daily

Posted November 9th, 2011 in children, executors, intestacy, law reports, trusts by tracey

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


Power and property – a Privy Council ruling grapples with the extent of settlors’ rights – Legal Week

Posted October 6th, 2011 in news, Privy Council, trusts by sally

“XXIV Old Buildings’ Stephen Moverley Smith QC on the impact of a ruling over the powers of a trust’s settlor.”

Full story

Legal Week, 6th October 2011


Duke of Manchester’s illegitimate children have claim to estate, judge rules – Daily Telegraph

Posted July 20th, 2011 in bigamy, child support, children, news, peerages & dignities, trusts by tracey

“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.”

Full story

Daily Telegraph, 20th July 2011