10 February 2017 – Matthew Paton joins chambers as new tenant
David Rees succeeds with Inheritance Tax Appeal in HMRC v Parry & Others  UKUT 0004 (TCC)
Mathew Roper obtains rectification of a settlement in Bullard v Bullard  EWHC 3 (Ch)
Edward Hewitt successfully defends will challenge in Kunicki v Hayward  EWHC 3199 (Ch)
Louisa Nye has joined 5 Stone Buildings on 1st December.
Mathew Roper successfully represents the Official Solicitor in Re J  EWCOP 52
Ruth Hughes and Sam Chandler successfully appear for HMRC in Ingenious and Icebreaker litigation
Court of Appeal redefines who may challenge Will: Mark Baxter appears
The Court of Appeal has given judgment in Mark Baxter’s contentious probate case Randall v Randall, defining and significantly the class of persons who have standing to bring a claim to challenge the validity of a Will.
Sam Chandler acting for HMRC in Take That v Taxman litigation
Supreme Court grants permission to appeal in Ilott v Mitson
5 Stone Buildings is delighted to announce the recruitment of four new tenants
17 February 2016 - Tracey Angus QC and Alexander Drapkin successful in recent deputyship cases
Penelope Reed QC and William East successfully defend widow's claim under Inheritance Act
Penelope Reed QC and Jordan Holland successfully defend probate judgment in Court of Appeal on issue of bias
David Rees appeared for the successful appellant in important Court of Protection case.
David Rees appeared for the successful appellant in PJV v (1) The Assistant Director Adult Social Care Newcastle CC (2) the Criminal Injuries Compensation Authority ...
Chambers closed between 24th December and 4th January
Chambers will be closed on Christmas Eve, the clerks can be contacted in an emergency on 020 7242 6201.
Phishing Scam Warning
This chambers’ name has been used by a company in a phishing scam. If you receive any suspicious emails or letters written in the name of “Henry Harrods” offering you a large share in an inheritance claim please contact the police at email@example.com or contact the clerks at firstname.lastname@example.org.
Aidiniantz v. Aidiniantz  EWCOP 65
Judgment was handed down by Peter Jackson J on Tuesday 13th October 2015 in the Court of Protection case of Aidiniantz v Aidiniantz. 5 Stone Buildings barrister David Rees, instructed by Bindmans LLP, acted for Mrs Aidiniantz’s litigation friend, the Official Solicitor in the two-day hearing before Peter Jackson J which led to the published judgment.
5 Stone Buildings shortlisted for STEP Chambers of the Year
We are delighted to have been shortlisted for the Chambers of the Year at the STEP Private Client Awards in September
Michael O’Sullivan and Ruth Hughes appear in multi-jurisdictional statutory will claim: Re Jones  EWCOP 59s
The Court of Appeal has handed down its decision in King v The Chiltern Dog Rescue & Redwings Horse Sanctuary  EWCA Civ 581. Penelope Reed QC acted for the successful Appellants
Judgment on this important case on privilege and the ability of an executor to act alone was handed down on 15 April 2015
Sarah Haren appeared for the successful respondent in the Court of Appeal in Graham-York v (1) York (2) Leeds Building Society  EWCA Civ. 72.
High Court hands down ground breaking decision on the enforcement of an undertaking supporting the appointment of a provisional liquidator – Ruth Hughes acted for HMRC.
Members of Chambers acting for HMRC in the high profile Ingenious tax litigation .
Henry Legge QC appears in case about whether Sotheby’s were negligent in dealing with Caravaggio painting.
Read our commentary on the Court of Appeal decision in Crossfield v Jackson
The Court of Appeal has handed down judgment in Crossfield v Jackson  EWCA Civ 1548, a case concerning alleged undue influence in relation to the purchase of a right to buy property.
Members of 5 Stone Buildings involved in heavyweight litigation
Several members of 5 Stone Buildings have recently been involved in heavyweight and high profile litigation.
Read our commentary on Court of Appeal judgment in The Woodland Trust v Loring
The Court of Appeal recently handed down judgment in The Woodland Trust v Loring & Ors  EWCA Civ 1314. Penelope Reed QC appeared for the appellants.
31 October 2014 - Chambers ranked as Band 1 set by Chambers UK Bar Guide 2015
5 Stone Buildings has been ranked as a Band 1 set for Traditional Chancery and Court of Protection work in Chambers UK Bar Guide 2015. Overall, chambers was ranked as a leading set in 4 practice areas and members of chambers received 46 individual rankings across 12 separate practice areas.
Members of 5 Stone Buildings act for successful trustees in Court of Appeal decision in Cardigan
Penelope Reed QC, Thomas Entwistle (acting for the 1951 Trustees) and Christopher Tidmarsh QC (acting for the 1987 Trustees) were successful in Brudenell Bruce v Moore & Cotton  EWCA Civ 1312, a decision of the Court of Appeal concerning the troubled Savernake Estate, and the Trustees’ proposed sale of Tottenham House. This is an important decision which provides useful guidance on the circumstances in which the Court will approve a transaction upon the request of Trustees, when those Trustees have relied upon expert advice.
5 Stone Buildings in the top tier in latest Legal 500 Bar Directory
5 Stone Buildings has again been ranked in the top tier of the Private Client: Trust and Probate practice area of the Legal 500 Bar Directory 2014.
Sam Chandler and Hugh Cumber join chambers as new junior tenants
Sam Chandler and Hugh Cumber join chambers on 1 October as tenants after successfully completing pupillage.
Ruth Hughes and Jordan Holland act in Court of Protection case involving costs of an injunction preventing P leaving the jurisdiction
Senior Judge Lush has delivered his judgment on the question of costs in a case concerning both the health and welfare and the property and affairs of E, an elderly lady with a personal fortune of £30,000,000.
Tracey Angus QC acts in matter concerning secret trusts in estate of Lucian Freud
Tracey Angus QC acts in matter concerning secret trusts in the £96m estate of Lucian Freud
5 Stone Buildings shortlisted for STEP Chambers of the Year
We are delighted to have been shortlisted for the Chambers of the Year at the STEP Private Client Awards in September
Mark Herbert QC successful in the Supreme Court
The Supreme Court decision in the Sikh temples trust dispute was released today
Ruth Hughes acts in Court of Appeal case on damages awarded following freezing injunction
The Court of Appeal has handed down judgment in Hone v Abbey Forwarding  EWCA Civ 711. The case concerned the nature of compensation awarded under a cross-undertaking in damages givenby an applicant for a freezing injunction.
Jordan Holland appears in the Court of Protection in dispute over appointment of deputy
Jordan Holland appears in the Court of Protection in a dispute over the appointment of a property and affairs deputy in Re BM.
David Rees succeeds in Inheritance Tax appeal to Tax Tribunal
Judgment has been handed down by the First Tier Tribunal (Tax Chamber) in Re Staveley deceased  UKFTT 419 (TC) a case in which David Rees appeared for the taxpayer
David Rees and Ruth Hughes successful in long awaited Court of Protection decision
David Rees and Ruth Hughes are successful in long awaited Court of Protection decision on statutory wills : Re Meek  EWCOP 1
High Court hands down judgment in case concerning the closure of IBM's defined-benefit pension plans
High Court hands down judgment in case concerning the closure of IBM’s defined-benefit pension plans
5 Stone Buildings Newsletter 17 on Mediation is now available
Our latest Newsletter has just been distributed with three articles all about Mediation, news of 5 Stone Buildings members and much more. The details of our Mediation Seminar on 22 May are also included.
Reaction to Supreme Court Ruling in Deprivation of Liberty Case
Today's decision in the Supreme Court has made it clear that human rights have a universal character and physical liberty is the same for everyone, regardless of their disabilities.
David Rees in case clarifying Court of Protection Procedures
A decision of the Court of Protection has been published today which considers the Court's procedures.
House of Lords Report into Mental Capacity Act 2005 published
David Rees provides written evidence to House of Lords Committee for Report into the Mental Capacity Act 2005 which was published today.
Jordan Holland successful in challenge to forged will in Watts v Watts
Jordan Holland successful in challenge to forged will in Watts v Watts.
Reaction to Supreme Court Judgment in Dunhill v Burgin
The Supreme Court handed down a judgment regarding litigation capacity and Part 21 of the Civil Procedure Rules 1998 on 12th March 2014
Second edition of Risk and Negligence in WIlls, Estates and Trusts is published
The second edition of "Risk and Negligence in Wills, Estates and Trusts" by Martyn Frost, Penelope Reed QC and Mark Baxter has just been published by OUP
Penelope Reed QC successfully acts for charities in Ilott v Mitson quantum appeal
Judgment has been released today in the appeal on quantum in Ilott v Mitson.
Ruth Hughes appears in Ingenious tax litigation
On 24 January, Ruth Hughes appeared for Her Majesty's Revenue and Customs (HMRC) in the Upper Tribunal (Chancery and Tax Chamber) with Malcolm Gammie CBE QC in the Ingenious taxation litigation. This litigation concerns the funding of films such as Avatar, Life of Pi and Shaun of the Dead as well as computer games such as Colin McRae DiRT.
Reaction to Supreme Court judgment in Marley v Rawlings
The Supreme Court handed down an important judgment on the validity and rectification of wills on 22 January 2014
Probate Costs: the decision in The Vegetarian Society  EWHC 3639 (Ch)
Read our discussion of costs in contentious probate litigation subsequent to the recent High Court Decision in The Vegetarian Society & Anor V Scott  EWHC 3639 (Ch).
University Essay competition title announced
The 5 Stone Buildings University Essay competition title has been announced. All the details about it can be found on the pupillage pages of our website.
Barbara Rich listed amongst the Chambers UK Bar 100 Juniors
Barbara Rich included in the list of juniors in The Chambers UK 100 Bar results
Barbara Rich nominated for ACTAPS award
We are delighted that Barbara Rich has been shortlisted in the category of Contentious Barrister of the Year in the ACTAPS 2014 annual awards.
Top rankings in Chambers UK Bar Guide 2014
Three quarters of our members are listed in the Chambers and Partners 2014 Directory, released today
Reaction to Supreme Court judgment in Aintree v James
The Supreme Court handed down an important Court of Protection judgment on Wednesday 30thOctober 2013.
Alexander Drapkin joins chambers as new tenant
We are pleased to welcome Alexander Drapkin who joins chambers as a new tenant on completion of his pupillage.
Ruth Hughes nominated for Bar Pro Bono Award
Ruth Hughes has been nominated for the 2013 Sydney Elland Goldsmith Bar Pro Bono Award
Chambers recommended as a top-tier set in Legal 500 UK directory
The latest rankings from Legal 500 UK Bar Directory increase the number of our members listed and the number of practice areas in which we are recommended.
Three members of 5 Stone Buildings shortlisted for Chambers 100 UK Bar rankings
Three of our members have been shortlisted for the Chambers 100 UK Bar which ranks the top barristers in the country. Final rankings will be announced in the Autumn
Permission granted to appeal in probate dispute in which two members of 5 Stone Buildings are acting
Permission has been granted by the Court of Appeal it appeal in Simon v Byford in which both Penelope Reed QC and Sarah Haren are acting
5 Stone Buildings and members shortlisted for Chambers and Partners Bar Awards 2013
We are delighted to announce that we have been shortlisted for the Chambers and Partners Chancery Set of the Year and that Shan Warnock-Smith QC has been shortlisted as Silk of the Year
Chambers shortlisted for this year's STEP Awards
5 Stone Buildings has been shortlisted for the STEP Chambers of the Year Award 2013
Newsletter 16 now available here
The latest newsletter from 5 Stone Buildings is now available here
HHJ Karen Walden Smith appointed as Specialist Circuit Judge
Her Honour Judge Karen Walden-Smith has been appointed a Specialist Circuit Judge Chancery at the Central London County Court.
David Rees acts for Official Solicitor in dispute over sale of heirlooms
Essex County Council wins the right to sell paintings to cover care costs. David Rees acted for the Official Solicitor
Ruth Hughes successfully defends adult child 1975 Act claim
Ruth acted successfully for the executors and one of the residuary beneficiaries in this case.
Mark Baxter wins 1975 Act co-habitation claim
Mark Baxter has succeeded in a claim for reasonable financial provision from a Deceased's estate acting for a person claiming under sections 1(1)(ba) and 1(1A) of the Inheritance Act 1975.
Penelope Reed QC wins permission to take case before the Court of Appeal
Penelope Reed QC has obtained permission to take claim to the Court of Appeal
Mark Herbert QC's initial reaction to judgment in Pitt v Holt
Mark Herbert QC's initial reaction to the judgment is that a sufficiently serious mistake about the tax effect of a disposition may be enough to justify setting the disposition aside, so that many cases which used to be considered in terms of Hastings-Bass can now be reformulated as cases of mistake.
David Rees wins prestigious ACTAPS award
We are delighted to announce that David Rees has been named Contentious Barrister of the Year 2013 by the Association of Contentious Trusts and Probate Specialists (ACTAPS).
Barbara Rich and David Rees appear in NT v FS & Others
His Honour Judge Behrens has now given judgment in NT v FS & others, a statutory will application brought in the Court of Protection.
Mark Blackett-Ord successful in Turner v Phythian
Judgment has been handed down by the High Court in Turner v Phythian.
William East succeeds in Equality Act claim
Her Honour Judge Faber has handed down judgment in Southwark Council ('the Council') v the Community Youth Provisions Association ('the CYPA') following a two-day trial held in Central London County Court, a case which involved a defence to a claim for possession based on section 149 of the Equality Act 2010.
Penelope Reed QC successful in the Court of Appeal
Penelope Reed QC acted successfully for the Respondents in Burgess v Hawes in the Court of Appeal.
Second edition of Company Directors Duties, Liabilities and Remedies is published
The second edition of Company Directors Duties,Liabilites and Remedies has been published by OUP. Henry Legge QC is a contributor.
Mark Herbert QC lecturing on English Trust Law in Rome
Mark Herbert QC in Rome to give a number of lectures on English Trust Law to professional lawyers and accountants as part of a Masters degree course for a consortium of Italian universities.
The 5 Stone Buildings Essay competition question available here
You can find all the details of the 5 Stone Buildings Essay competition on the pupillage pages of our website
5 Stone Buildings New Terms of Work
From 1st February the terms on which barristers offer their services have changed
Penelope Reed QC speaking in Singapore
Penelope Reed QC will be speaking on Hastings-Bass at the Asian Private Wealth Summit in Singapore.
Ruth Hughes successfully represents HMRC
Ruth Hughes successfully represents HMRC in Abby Forwarding Ltd(in liq) v Hone 
Miranda Allardice joins chambers
Miranda Allardice, formerly of 3 Pump Court Chambers, joins 5 Stone Buildings
David Rees nominated for ACTAPS award
We are delighted to announce that David Rees has been nominated for the Association of Contentious Trusts and Probate Specialists' ('ACTAPS') Contentious Barrister of the Year award.
Judgment give in The Matter of IBM Pension Plan  EWHC 2766(Ch)
Andrew Simmonds QC and Joseph Goldsmith appear for IBM
Mathew Roper joins chambers as new junior tenant
We are pleased to welcome Mathew Roper as our new junior tenant on the successful completion of his pupillage here.
Our latest Newsletter is now available
Our latest newsletter is now available to download from our website
Christopher Tidmarsh QC successful at First-tier Tax Tribunal on behalf of Respondents
Judgment given in Boyer Allan Investment Services Ltd v Revenue & Customs Commissioners
David Rees appointed as Recorder
We are delighted to announce that David Rees has been appointed as a Recorder.
Henry Legge QC and Jordan Holland successful in claim involving forged painting
Judgment given in Avrora Fine Arts v Christie, Manson and Woods Ltd
Leon Sartin appears in High Court
The High Court has ruled that beneficiaries entitled to appointed trust funds were able to direct a transfer of its property under the rule in Saunders v Vautier.
Chambers shortlisted for this year's STEP Awards
5 Stone Buildings has been shortlisted in the Chambers of the Year category of the STEP Private Client Awards which will be held on 19 September.
Shân Warnock Smith QC wins Best in Trusts and Estates at European Women in Business Awards
Shân Warnock-Smith wins award for 'Best in Trusts and Estates' at the European Women in Business Awards
Penelope Reed QC wins in the Court of Appeal
The appeal in Suggitt v Suggitt was dismissed by the Court of Appeal on 19 June 2012. Penelope Reed QC acted for the successful respondent John Suggitt
Charlotte Edge, formerly of 3 Stone Buildings, has joined chambers
Charlotte Edge, formerly of 3 Stone Buildings, has joined chambers.
Penelope Reed QC and Thomas Entwistle successful in the High Court
Penelope Reed QC and Thomas Entwistle successfully acted for the trustees of the Savernake estate in the case of Brudenell-Bruce v Moore and Cotton.
High Court decides widow's claim for enhanced provision out of husband's estate in Lilleyman v Lilleyman
In an important decision under the Inheritance (Provision for Family and Dependants) Act 1975, the High Court has ruled that a widow is entitled to £500,000 of enhanced provision out of the estate of her husband.
High Court decides Premier Foods pension litigation
The High Court has decided an issue relating to the equalisation of benefits between men and women in the Premier Foods defined benefit pension scheme.
Congratulations to Tracey Angus and Henry Legge on their appointment as Queen's Counsel
We are pleased to announce that Tracey Angus and Henry Legge have both been appointed Queen's Counsel.
Ruth Hughes appointed to the Attorney General's C Panel
We are delighted to announce that Ruth Hughes has been appointed to the Attorney General's C Panel.
High Court refuses to set aside prospective costs order in IBM pensions litigation
The High Court has refused an application to set aside a prospective costs order in favour of a member of the IBM pension scheme who is participating in litigation in relation to that scheme.
Court of Protection refuses application for statutory gift in Smyth v JDS
The Court of Protection has refused to approve an application for a statutory gift which proposed that a significant proportion of the patient's ('P's') assets should be placed in trust in an effort to avoid Inheritance Tax (IHT).
High Court decides that Wedgwood pottery collection available to satisfy liabilities of insolvent company
The High Court has decided that a historic collection of Wedgwood pottery and other artefacts is available to satisfy the liabilities and insolvency costs of Wedgwood Museum Trust Limited.
New edition of Blackett-Ord on Partnership published
The fourth edition of Blackett-Ord on Partnership has been published by Bloomsbury Professsional, edited by Mark Blackett-Ord and Sarah Haren.
William East given a special commendation in Bar Pro Bono Awards
We are delighted to announce that William East has been given a special commendation for his pro bono work in the 2011 Bar Pro Bono Awards. The awards were set up in 1996 by the former Attorney General Lord Goldsmith to highlight the pro bono work done by members of the Bar. William was presented with his special commendation by the Attorney General Dominic Grieve QC MP at the Bar Conference on 5 November.
Court of Protection hears test case on when a personal injury trust can be used in place of a deputy
Her Honour Judge Marshall QC has handed down judgment in an important Court of Protection test case as to the circumstances in which it is appropriate for the court to authorise the creation of a personal injury trust for a person lacking capacity instead of appointing a property and affairs deputy.
Court of Appeal holds that surveyor's fees time-barred in Smales v Lea
The Court of Appeal has held that a contract for the provision of professional services by a surveyor was not an entire contract which required all the surveyor's obligations to be discharged before he had a right to payment, and accordingly that his claim for fees was time-barred.
William East nominated for the 2011 Bar Pro Bono Award
William East has been nominated for the 2011 Sydney Elland Goldsmith Bar Pro Bono Award which will be presented to the winner by Lord Goldsmith at the Bar Conference on 5th November.
5 Stone Buildings wins the Acquisition International Legal Award Charities Chambers of the Year
It has been announced that 5 Stone Buildings has won the Acquisition International Legal Award Charities Chambers of the Year.
Andrew Simmonds QC is The Times Lawyer of the Week
Andrew Simmonds QC is The Times Lawyer of the Week. He acted for the deferred members of a pension scheme in Bridge Trustees v Yates  PLR 313 where the Supreme Court ruled on the definition of defined benefit and defined contribution pension schemes. The ruling is likely to result in the Department of Work and Pensions redrafting the relevant legislation.
Barbara Rich shortlisted in the Chambers Bar Awards
We are delighted to announce that Barbara Rich has been shortlisted for the Chancery Junior of the Year for the Chambers Bar Awards which take place on Thursday 27th October.
High Court grants injunction against sale of Savernake Estate assets
Mr Justice Floyd has granted an injunction against the sale of valuable chattels held on the Savernake Estate, one of the oldest landed estates in the UK.
High Court holds that Secretary of State not entitled to resile from concession in BT pensions case
Mr Justice Mann, sitting in the Chancery Division, has rejected an argument by the Secretary of State for Business, Innovation and Skills that he is able to resile from a concession made regarding the scope of the guarantee for liabilities of the BT pension scheme under section 68 of the Telecommunications Act 1984.
Supreme Court dismisses appeal in Houldsworth v Bridge Trustees Ltd
The Supreme Court has dismissed an appeal in relation to an occupational pension scheme known as the Imperial Home Decor Scheme, which is winding up and has a significant deficit.
High Court rectifies will in Austin v Woodward
Daniel Alexander QC, sitting as a Deputy Judge in the Chancery Division, has upheld a claim for rectification of a will which had been incorrectly draft owing to the mis-use of a new precedent.
Court of Appeal discharges injunction preventing sale of Savernake Estate paintings
The Court of Appeal has discharged an injunction against the sale of valuable paintings by the trustees of the Savernake Estate, one of the oldest landed estates in the UK.
Mark Blackett-Ord appointed part-time Chancellor of the Diocese of Leicester
This month Mark Blackett-Ord has been appointed part-time Chancellor of the Diocese of Leicester, constituting him the judge of the consistory court and Vicar-General of the diocese.
Shân Warnock-Smith QC has been shortlisted for the STEP Trusted Advisor of the Year
Shân Warnock-Smith QC has been shortlisted for the Trusted Advisor of the Year at the STEP Private Client Awards.
Chambers shortlisted for this year's STEP Awards
5 Stone Buildings has been shortlisted as Chambers of the Year by a prestitigious private client industry body.
Court of Appeal allows appeal in Southgate v Sutton
The Court of Appeal has allowed an appeal against a decision by Mr Justice Mann that the trustees of a substantial family trust could not be given a power to create a sub-fund under section 57 of the Trustee Act 1925. The Court of Appeal has also allowed an appeal in respect of a second issue in the case, namely the trustees' bid for approval of the exercise of the statutory power of advancement under section 32 of the Trustee Act 1925.
High Court dismisses claim for conversion of valuable medieval embroideries
Mrs Justice Thirlwall DBE has dismissed a claim for conversion in relation to two valuable medieval tapestries in Spencer v S Franses Ltd  EWHC 1269 (QB).
Proprietary estoppel claim succeeds at the High Court in Suggitt v Suggitt
His Honour Judge Kaye QC, sitting as a Judge of the Chancery Division, has held that a farmer's son is entitled to farmland and a residential property on the basis of a proprietary estoppel claim.
High Court allows appeal in Wahab v Khan
Mr Justice Briggs has allowed an appeal against the striking out of a claim for revocation of a grant of probate.
High Court hands down judgment in Prudential pensions dispute
Mr Justice Newey has handed down judgment in Prudential Staff Pensions Ltd v Prudential Assurance Co Ltd.
Upper Tribunal dismisses appeal in Greenbank Holidays Limited v HRMC
Mr Justice Arnold, sitting in the Upper Tribunal (Tax and Chancery Chamber), has dismissed an appeal by a corporate taxpayer against the disallowance of a corporation tax deduction claimed by it for the depreciation of purchased goodwill.
Penelope Reed QC sworn in as a Recorder
Penelope Reed QC was today sworn in as a Recorder by the Chancellor of the High Court.
Supreme Court refuses permission in RSPCA v Sharp
The Supreme Court last week refused to grant permission to the executors of an estate to appeal against a Court of Appeal decision on the construction of a will.
Commercial Court refuses application in Capita Alternative Fund Services Ltd v Drivers Jonas
Andrew Simmonds QC has acted successfully for the Claimant trustee in Capita Alternative Fund Services (Guernsey) Ltd v Drivers Jonas, a Commercial Court negligence action against the valuers of a factory outlet centre purchased by an enterprise zone unit trust.
High Court reserves judgment in Prudential Staff Pensions Ltd v Prudential Assurance Co Ltd
Mr Justice Newey has reserved judgment in Prudential Staff Pensions Ltd v Prudential Assurance Co Ltd, which concerns the validity of Prudential’s decision to change its long-standing policy on granting inflation-linked pension increases in its staff pension scheme.
High Court sets aside deeds of gift of shares in Curtis v Pulbrook
The High Court has held that two attempted gifts of shares in a company failed as legal and/or beneficial title had not been effectively transferred, and because the gifts were in anycase liable to be set aside under Section 423 of the Insolvency Act 1986.
First-Tier Tribunal (Tax) dismisses appeal in HSP Financial Planning Ltd v HMRC
The First-Tier Tribunal (Tax) has dismissed an appeal against an amendment to a company's tax return disallowing a deduction for the amortisation of the goodwill of a business.
Court of Appeal allows RSPCA's appeal on construction of will
The Court of Appeal has overturned a High Court judgment dismissing the RSPCA's claim relating to the construction of a will.
Court of Appeal dismisses appeal in RSPCA v Gill
The Court of Appeal has upheld the High Court's decision that the will of a testator who suffered from agoraphobia was invalid.
Court of Protection gives guidance on best interests test
Mr Justice Morgan, sitting as a judge of the Court of Protection, has held that a 'substituted judgment' approach may be relevant when considering what is in the best interests of a person lacking capacity pursuant to section 4 of the Mental Capacity Act 2005.
High Court sets aside discretionary trust in Maskell v Denham
The High Court has set aside a discretionary trust on the grounds that the settlor was under a mistake as to its effect.
High Court determines extent of government guarantee in BT Pension Scheme Trustees Ltd v BT Plc
The High Court has decided that a statutory 'guarantee' given by the Secretary of State (now the Secretary of State for Business and Skills) pursuant to section 68 of the Telecommunications Act 1984 in respect of pension scheme liabilities transferred to British Telecommunications Limited extends to contributions by both pre- and post-transfer joiners.
Divisional Court refuses Canadian extradition request in Hertel v Government of Canada
The Divisional Court has upheld a Canadian national’s appeal against an order extraditing him for tax evasion on the grounds that the Canadian government had failed to show that the conduct if transposed would have led to a UK tax charge and could therefore constitute the common law offence of cheating the Revenue.
Barbara Rich nominated for Chambers & Partners Chancery Junior of the Year
We are pleased to announce that Barbara Rich has been nominated for Chambers & Partners’ Chancery Junior of the Year award.
High Court gives judgment in Ashcroft v Barnsdale & Others
The High Court has ordered that a deed of family arrangement should be rectified as it failed to give effect to the true intentions of the parties by omitting the phrase ‘subject to inheritance tax’ in one of the clauses.
End of the Legal Year: cases in which members have acted in 2009-10
Here is a summary of just some of the cases that our members have been involved in this year:
Supreme Court gives permission in Houldsworth v Bridge Trustees Ltd (Secretary of State for Work and Pensions intervening)
A panel of Supreme Court Justices (Lord Hope, Lord Collins and Lord Clarke) have granted permission to appeal in Houldsworth v Bridge Trustees Ltd.
High Court gives judgment in Gorjat v Gorjat
In this case the claimants challenged the validity of a transfer by their father of funds in Swiss bank accounts a few months before his death, on the grounds of incapacity and undue influence.
High Court gives judgment in Jiggens v Low
The High Court has held that a deed of appointment made under a discretionary power by trustees of a settlement was void under the rule in Re Hastings Bass  Ch.25, as the trustees had not intended to make an absolute disposal of capital to the defendant beneficiaries, which would have adverse tax consequences.
Court of Appeal gives judgment in Smith v Cooper
The Court of Appeal has held that a gift of a beneficial interest in one property and a declaration of a beneficial joint tenancy in relation to another should be set aside on grounds of undue influence. Anna Clarke appeared for the successful appellant, who argued that the High Court’s conclusion that a presumption of undue influence had been rebutted by the Respondent had no foundation in the evidence. The case also involved questions of practical justice by restitution on the setting aside of transactions.
Court of Appeal gives judgment in Perrins v Holland
The Court of Appeal has upheld the principle set out in Parker v Feldgate (1883) LR 8 PD 171 that a will is validly made where the testator gives instructions for the will to his solicitor, loses testamentary capacity, but then signs the will in the knowledge that he is being asked to execute as his will a document drawn up by the solicitor pursuant to his earlier instructions.
High Court gives judgment in Drake v Harvey
The High Court has held that where a partnership deed was silent as to how the partnership assets were to be valued for the purposes of making payments to outgoing partners, the amount payable had to reflect a fair value of the partnership assets, and could not be based on historic accounts which greatly understated their value. Mark Blackett-Ord appeared for the claimant.
Trusts Update Seminar
This 5 Stone Buildings Seminar was on Wednesday 14th July 2010 at the St Brides Foundation in Bride Lane, just off Fleet Street, EC4Y 8EQ. The speakers were Shan Warnock-Smith QC, Mark Herbert QC and Joseph Goldsmith. The titles of the talks were as follows - "The Perpetuities and Accumulations Act 2009", "Hastings-Bass: where are we now?" and "Restructuring Trusts using s.57 of the Trustee Act and its Offshore Equivalents".
Chambers welcomes new tenant Jordan Holland
5 Stone Buildings is pleased to announce that Jordan Holland will become a member of chambers from 1 October 2010 following the successful completion of his pupillage.
High Court gives judgment in Alkin v Raymond
The High Court has removed two executors and trustees of an estate who had sanctioned the payment of an invoice to a company owned by one of them, the invoice not being a properly drawn bill for money due to the company. The court concluded that the trustees could not be depended upon to administer the estate in the interests of the beneficiaries. Penelope Reed QC appeared for the successful applicants.
Court of Appeal gives judgment in Houldsworth v Bridge Trustees Ltd (Secretary of State for Work and Pensions intervening)
The Court of Appeal has held that pension scheme benefits are ‘money purchase benefits’ for the purposes of section 181 of the Pension Schemes Act 1993 where, having regard to the combination of all the features of the scheme, the rate or amount of the benefits in question could sensibly and reasonably be said to be calculated by reference to payments by or in respect of the members receiving them. Andrew Simmonds QC, appearing on behalf of the deferred members of the scheme, successfully argued that two of the benefits provided under the scheme in question were money purchase benefits.
High Court gives judgment in RSPCA v Sharp
The High Court has held that the correct construction of a will was that an amount of money up to the level of the nil-rate band and a property were to pass to named beneficiaries without any Inheritance Tax being paid on those gifts. The tax was to be borne by the residuary estate, which had been given to the applicant charity. Penelope Reed QC appeared in this case; the judgment can be found here.
Karen Walden-Smith appointed as Circuit Judge
We are pleased to announce that Karen Walden-Smith has been made a Circuit Judge. She has been assigned to the South Eastern Circuit, based at Chelmsford Crown Court with effect from Wednesday 17 March 2010. She will also be sitting in the Chancery List of the Central London Civil Justice Centre.
High Court gives judgment in Sutton v England
Shan Warnock-Smith QC and Barbara Rich appeared in this case, which concerned the jurisdiction of the English court under section 57 Trustee Act 1925 to confer a power to partition a trust fund.
5 Stone Buildings at the forefront of estate litigation
Members of 5 Stone Buildings have been in the forefront of recent developments in estate litigation.