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Williams v Martin. July/August 2016 #161. Joy Williams brought a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of her deceased partner Norman Martin. Her claim was brought both on the basis that for a period of two years before Mr Martin's death she had been.
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Dr Antino gave evidence on 08.08.23 for Mr & Mrs Moore and explained that Dr Ahmed had previously accepted the findings of the party wall surveyor's determination of the boundary and HHJ Gerald.
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They had succeeded at trial before HHJ Gerald, who had held (i) that there was a settled practice of parking in the 1960s by residents of DOBH as alleged, which had been converted into a legal easement appurtenant to the DOBH as a whole by the 1969 Headlease, applying an unreported 1982 decision of Sir Robert Megarry V-C in the case of Newman v.
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The case of Correia was an appeal from HHJ Gerald who had found that the English witness statement was inadmissible due to the fact that the claimant in that case was a Portuguese speaker, who was not particularly proficient in English, but had filed and served an English written statement, translated by his solicitor, and who required and.
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12-02-2018. His Honour Judge Darling. London. 08-10-2009. His Honour Judge Jonathan Norval Davies. London. 08-04-2019. Her Honour Judge Sarah Jeannette Davies. South East.
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In relation to Case No: G01CL944, on 9 September 2021 at the County Court at Central London HHJ Hellman sentenced Murtadha Rajab ("Mr Rajab") to 3 months imprisonment for contempt of court. The sentence was suspended for 9 months. The basis of the sentence was as follows. 3.
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The matter came on for a two-day trial before HHJ Gerald starting on 24 th January 2022. Mr Correia is a Portuguese national who speaks Portuguese. His witness statement, however, had been drafted entirely in English and bore a Statement of Truth written in English. The statement contained the following:
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In a statement then made during a hearing, HHJ Gerald said he and his wife each owned 50% of the shares in HYB, "a small single-premises yoga studio based in Brixton run by a full-time manager serving the local community". There were no bank borrowings until during the pandemic, when HYB received a £50,000 Bounce Back Loan an £75,000 Recovery Loan.
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Shoosmiths LLP United Kingdom June 20 2019 A recent case has held that a change of landlord triggered the requirement for new deposit information to be given to residential tenants. This case.
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HHJ Gerald had found that, shortly before a house was bought, an oral agreement had been made between a mother and her three children that the house would be held on trust for the mother for life and then for the three children in equal shares. In the event, only one of the children was registered as owner (together with the mother).
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On Friday 8 December 2023 the Court of Appeal (King LJ, Asplin LJ, Birss LJ) handed down judgment in the second appeal in Duchess of Bedford House RTM Company Ltd & ors v Campden Hill Gate Limited [2023] EWCA Civ 1470. Key Points The decision is important in two respects:
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HHJ Gerald at first instance found that the transfer of the Property had been procured by reason of undue influence and set aside the transaction. The Defendants appealed, on grounds that HHJ Gerald in reaching that decision had erred both in law and in fact.
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45. Even if despite the information before HHJ Gerald there had been compliance with paragraph 12 of the Order of 3 rd August 2012 it is clear that paragraph 11c had not been complied with. More importantly the decision of HHJ Gerald was not wrong nor was his decision unjust because of a serious irregularity in the proceedings before him."
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As HHJ Gerald held at first instance, any alteration or development considered must be "grounded in reality". Therefore, the carve-out clause was not sufficiently clear to exclude s.62 LPA 1925 and HHJ Gerald's approach was adhered to by the Court of Appeal.
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HHJ Gerald decided to google Hendron. "For reasons which I cannot now recall, my attention was drawn to two things on the internet", one of which "stated that Mr Hendron had been suspended from practice owing to some criminal matters which were, from recollection, to do with some sort of cocaine at some sort of party".
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HHJ Gerald then went on to consider whether HMLR's mistake in failing to register the unilateral notice in 2011 should be rectified under Sch.4 to the 2002 Act. By way of note, the alteration of the registers sought by Ms Rees constituted 'rectification' (within the meaning of Sch.4, para.1) because the correction of HMLR's undoubted.
