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News and Cases

Radcliffe Chambers Resource Seminar: You Can’t Always Get What You Want - lenders, breach of trust and Target revisited

This seminar, to be given by Grant Crawford and Peter Dodge, will take place at 6.30 pm on Tuesday 18th March. Hard on the heels of the important Court of Appeal decision in Santander v RA Legal earlier this week, Grant and Peter will explain the principles underlying breach of trust claims against conveyancing solicitors where lenders have advanced money but have not obtained the legal charge they wanted. Target v Redferns (decided by the House of Lords in 1995) alerted lenders to the possibility of seeking trust based remedies in these circumstances.

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Judgment in Appleby Corporate Services (BVI) Ltd v Citco Trustees (BVI) Ltd

Michael Heywood appeared for the successful Claimant (the current trustee of a BVI trust) in this case heard in the East Caribbean Supreme Court. The Claimant sought equitable compensation from the Defendant (its predecessor trustee) for losses to the fund caused by the Defendant’s breach of trust. A fund worth c US$7M when settled in 2000 and valued at c US$7.3M by 2005, was worth just US$140k when the Defendant was replaced by the Claimant in 2011.

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Judgment in Abouraya v Sigmund & Ors [2014] EWHC 277 (Ch)

David di Mambro and Henry Day successfully resist application for permission in double derivative action involving a Hong Kong company and English and Swiss subsidiaries.

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Judgment in the Morshead Mansions litigation: [2014] EWCA Civ 96.

Edward Hicks appeared as junior counsel for the successful appellant, Morshead Mansions Ltd (MML) in this case which concerned whether sections 21 and 22 of the Landlord and Tenant Act 1985 are enforceable by civil injunction.

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Judgment in Re Catling [2014] EWHC 180 (Ch)

Edward Hicks appeared in this contentious probate case for the seven eldest children of the late Joyce Beech Catling, successfully challenging the validity of her alleged last will of May 2007, which purported to leave her entire estate to the first defendant, her eighth and youngest son, on the grounds of lack of testamentary capacity and want of knowledge and approval.  The deceased’s earlier 2004 will, which left the estate between the eight children in equal shares, was admitted to proof along with a 2005 codicil.

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With Capacity in Mind

Michael Heywood, Katherine McQuail and Justin Holmes are speaking at this seminar organised by Bond Dickinson in Leeds next Thursday 30th January.

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Companies Limited by Guarantee (4th ed.) published

Mark Mullen and Josh Lewison are the authors of the fourth edition of Companies Limited by Guarantee, published by Jordans today.

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David di Mambro to co-edit Mithani: Directors' Disqualification

David di Mambro has joined the editorial team of Mithani: Directors’ Disqualification.

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Hedley Marten: Memorial Service in Lincoln's Inn Chapel, Tuesday 14th January

Hedley Marten (Richard Hedley Westwood Marten), until very recently Head of these Chambers, died on Wednesday 18th September 2013 aged just 70.  He was much loved and respected by his friends and professional colleagues within and beyond these Chambers as well as by his immediate family, of whom he was so very proud.

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Judgment in Nesbitt v Nicholson & Others [2013] EWHC 4027 (Ch)

Josh Lewison appeared in this contentious probate case raising issues of fraudulent calumny and testamentary capacity.

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