Tag Archives: UK court decisions

English Court resolves dispute between parties as to who should hold the power to appoint trustees following settlor’s death

The English High Court has recently approved an application to change the provision of a trust deed relating to the appointment of new trustees.[1] The change was necessary because the original power was reserved exclusively for the settlor, who had … Continue reading

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Filed under Private wealth and trusts

Wills interpreted according to their ordinary and natural meaning despite this not reflecting testators’ intention

The English High Court has recently held that, in a case concerning construction of Wills, the ordinary and natural meaning of survivorship clauses should be given effect to.[1] This operated to mean that certain beneficiaries under the Wills of a … Continue reading

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Filed under Private wealth and trusts

UK: Deceased’s “husband” and daughter both unable to obtain letters of administration

The English High Court has recently refused to grant letters of administration to a deceased's daughter (the "Claimant") despite her having the highest entitlement to the deceased's estate.[1] The dispute involved a challenge by the alleged widower of the deceased … Continue reading

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Filed under Private wealth and trusts

Court finds father cannot alter his will to stop son inheriting the family farm

The English High Court has recently found that a father could not change his Will so as to prevent his son receiving sole ownership of a family farm. [1] The farm had been promised to the son over the course … Continue reading

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Filed under Private wealth and trusts

Failure to comply with freezing orders leads to prison

In JSC Mezhdunarodniy Promyshlenniy Bank and Another v Pugachev, [2016] EWHC 248 & 258 Ch (sentence) and [2016] EWHC 192 (Ch) (liability), the English High Court sentenced Russian businessman Sergei Pugachev to two years in prison for contempt of court. … Continue reading

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Filed under Enforcement, Private wealth and trusts

London High Court considers defence of illegality in claim for beneficial ownership

In Hniazdzilau v Vajgel [2016] EWHC 15 (Ch), the English High Court held that a claim for beneficial ownership in a company was not defeated by a defence of illegality, as the Claimant, Mr Hniazdzilau, had not relied on the … Continue reading

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Filed under Private wealth and trusts

The High Court of England and Wales denies full recovery of trust litigation costs where co-claimants had separate representation

In Ong & Ors v Ping [2015] EWHC 3258 (Ch), the High Court of England and Wales (Chancery Division) limited the legal costs recoverable by a mother and her children (the "Claimants") on the grounds that from a certain point … Continue reading

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Filed under Hong Kong, Private wealth and trusts

Legal advice privilege only covers advice from lawyers, says the Hong Kong Court of Appeal

In the recent case of Super Worth International Ltd & Ors v Commissioner of the ICAC & another (CACV 168/2015), the Hong Kong Court of Appeal (the "Court") adopted the UK Supreme Court's reasoning in R (on the application of … Continue reading

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Filed under Evidence, Hong Kong

UK Supreme Court rewrites English law rule on penalties whilst Hong Kong (for the moment at least) still continues to follow the traditional test

In a judgment handed down on 4 November, the UK Supreme Court has in effect re-written the rule on contractual penalties in England & Wales, holding that the underlying rationale of the rule in English law has been misunderstood and … Continue reading

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Filed under Contract, Hong Kong

The English High Court pierces the corporate veil using the “evasion principle”

In Paul David Wood & Anor v Timothy Darren Baker & Ors, the joint trustees in bankruptcy of the bankrupt's property successfully obtained injunctions freezing the assets and business of the respondents and restraining them from dealing with such assets … Continue reading

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Filed under Private wealth and trusts