Looking back at 2021
Happy New Year from everyone at 5 Stone Buildings. We would like to take this opportunity to highlight a selection of our Members’ interesting work and professional news over the last year.
In January, Mark Baxter appeared in the three-day trial of a 1975 Act claim in the High Court (judgment reported as Re R). This case comments on the obligation of a father to provide for his minor children in his will.
Also in January, Oliver Marre successfully represented the Claimant trustees and Amanda Hardy QC the minor beneficiaries in an interesting Variation of Trusts Act application before Chief Master Marsh.
We congratulated Sarah Haren on her appointment as Queen’s Counsel.
In March, Ruth Hughes (led by Vikram Sachdeva QC) appeared in Re Clitheroe, an appeal concerning the applicable test for testamentary capacity.
Also in March, Toby Bishop appeared in the 6 day High Court probate trial in Re Whalley.
In April, the Chancellor gave judgment in Miles v Shearer, a claim under the 1975 Act by two adult daughters against their father’s estate. Jordan Holland acted for the Claimants, and Barbara Rich acted for the successful Defendant.
It is not unusual for our Members to appear against each other. In May, Tracey Angus QC (leading Mathew Roper), Luke Harris, Toby Bishop and Rose Fetherstonhaugh all appeared in Almond v Goff & Ors. The case involved will construction and directions in respect of a large estate.
Also in May, Mathew Roper appeared in Brown v New Quadrant Trust Corporation Ltd, an application for an injunction to restrain an alleged breach of trust, and cross-application for ‘blessing’.
In June, Shan Warnock-Smith QC appeared for the Appellant in the Privy Council. The case concerns the order of priority (if any) of claims of successive trustees under their indemnities where there is an insufficiency of trust assets to meet them all. Judgment is expected in 2022.
Henry Legge QC appeared for the Claimant trustees in the Axminster Carpets Group case. Judgment was given in June. This is now the leading case on limitation, forfeiture and interest in relation to claims for unpaid arrears of pension benefits by pension scheme beneficiaries.
Also in June, David Rees QC was appointed as Chair of the Court of Protection Bar Association.
In July, Michael O’Sullivan appeared in the appeal in Re Townsend, a case concerning the proper construction of an executor’s charging clause.
Also in July, Hugh Cumber appeared in a three-day trial in the High Court, seeking recovery of substantial sums allegedly misappropriated during the Deceased’s last illness.
In August, we congratulated Ruth Hughes on her appointment to the Attorney General’s A Panel.
Also in August, Mark Baxter obtained judgment for his clients in RSPB v Beasant. This case concerned the proper construction of NRB gifts and the admissibility of extrinsic evidence.
Sam Chandler (led by Malcolm Gammie QC) received judgment from the Court of Appeal in Ingenious Games v HMRC following a 6 day hearing in March. Sam has been involved in this long-running litigation since 2014.
In September, we congratulated Amanda Hardy QC on her appointment as a Deputy High Court Judge.
In October, we were delighted to announce that Emilia Carslaw had accepted tenancy in Chambers following a successful pupillage in Chambers.
Also in October, we welcomed back Charlotte Edge, who returned to chambers as a full-time mediator.
In November, Penelope Reed QC appeared for the Earl of Plymouth in Windsor-Clyde v Rees in a successful claim for possession which had been resisted on the grounds of an alleged estoppel.
Also in November, Francis Ng joined chambers as an established practitioner.
In December, Penelope Reed QC appeared in the Supreme Court in the appeal in Guest v Guest, concerning the appropriate remedy for proprietary estoppel. Judgment is expected in 2022.
Also in December, Sam Chandler (led by James Eadie QC) appeared for HMRC in litigation brought by a large group of taxpayers challenging the ‘loan charge’ scheme
It has been a busy year for Chambers. This has been just a small selection of the interesting and varied cases which make up Chambers’ practice.
