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England and Wales Case Law

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Civil procedure

Amelia Miggiano v Islwyn Evans

The application for permission to appeal was refused because the trial judge’s findings—that the signature was probably genuine—were supported by the evidence, including expert and witness testimony, and there was no error of law or procedure. There was no real prospect of success on appeal nor any other compelling reason for the appeal to be heard.

  • Appeals
  • Forgery
  • Transfer of property
  • Wills and probate
  • Expert evidence
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Family law

Frank Eric Hersman v Alexandra Caroline De Verchere

The respondent deliberately failed to comply with clear court orders regarding vacant possession, surrender of keys and access codes, delivery of documentation, and transfer of rental deposits, and contempt was proved beyond reasonable doubt. Immediate imprisonment is warranted due to the seriousness, duration, and lack of remorse.

  • Enforcement of court orders
  • Committal proceedings
  • Financial remedy
  • Vacant possession
  • Transfer of property
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Insolvency law

Paul Allen v Sines Parks Holdings Limited

The s.238 Application does not establish a serious issue to be tried and should be struck out for disclosing no reasonable grounds, subject to any application to amend. However, there is a serious issue to be tried on the second ground (the Tenancies) justifying interim injunctive relief restraining the Respondent from entering, developing, or selling mobile homes on the Sites, pending further submissions. The statutory moratorium and the administrators’ duties must be upheld.

  • Administration of companies
  • Interim injunctions
  • Transfer of property
  • Statutory moratorium
  • Consideration under contract
  • Overreaching of interests
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Equity

Safina Bi Azam v Mohammed Molazam

The court found that mere vulnerability and a disadvantageous transaction do not establish a presumption of undue influence without evidence of ascendancy or influence exercised by the defendant. Mrs Azam did not influence Mr Molazam; he acted of his own free will. The evidential presumption of undue influence was not established, nor was the transaction unconscionable under the relevant legal principles.

  • Undue influence
  • Unconscionable bargains
  • Fraud
  • Housing benefit fraud
  • Transfer of property
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Tax law

Abigail Wilmore v The Commissioners for HMRC

By the agreement reached in December 2015, the appellant transferred all her beneficial interest in Thornfield to Mr Cohen, giving rise to a constructive trust. The disposal of her beneficial interest occurred in the tax year ended 5 April 2016, so section 58 TCGA applies to treat the transfer on a no gain no loss basis.

  • Capital gains tax
  • Beneficial interest
  • Constructive trust
  • Divorce settlement
  • Transfer of property
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Family law [2023] EWHC 3481 (Fam)

Hersman v De Verchere

Hersman v De Verchere [2023] EWHC 3481 (Fam) (30 November 2023)

The Family Division found the respondent in contempt for failing to comply with orders requiring vacant possession, keys, documents, and rental deposits for Chalet Pearl.

  • Enforcement of financial remedy orders
  • Committal for contempt
  • Vacant possession
  • Transfer of property
  • Non-compliance with court orders
  • Committal-for-contempt
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Contract law

WILLIAM ALLAN JONES & Anor v ANDREW MCCARTHY

High Court trial about an oral asset-swap agreement, breach over a villa sale, and whether Spanish tax illegality barred damages.

  • Breach of contract
  • Damages
  • Illegality (foreign law)
  • Equitable remedies
  • Transfer of property
  • Constructive trust
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Company law [2018] EWHC 3201 (Ch)

Weatherley v Weatherley & Ors

Weatherley v Weatherley & Ors [2018] EWHC 3201 (Ch) (19 November 2018)

Family company unfair prejudice petition over exclusion, share transfer, and amended articles. The court examined informal family understandings and dismissed the petition.

  • Unfair prejudice
  • Shareholder rights
  • Family business disputes
  • Valuation of shares
  • Transfer of property
  • Articles of association
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Succession law

Lewis v Warner

The Court of Appeal held that an elderly unmarried partner could receive the deceased’s house at full value under the 1975 Act as maintenance, and dismissed the appeal.

  • Inheritance (provision for family and dependents) act 1975
  • Reasonable financial provision
  • Maintenance
  • Transfer of property
  • Testamentary freedom
  • Inheritance-provision-for-family-and-dependants-act-1975
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Administrative law

London Borough of Southwark & Anor v Transport for London

The Court of Appeal held that the transfer of GLA roads to Transport for London vested only the highway surface and necessary sub-soil, not the entire freehold.

  • Statutory interpretation
  • Vesting of highways
  • Transfer of property
  • Public authority powers
  • Statutory-interpretation
  • Highway-law
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.