Insurance Life insurance. The Chancery Division considered the issue of whether the deceased had been entitled to a joint tenancy of the right under a life policy to benefit from her assumed terminal illness. The court held that, having regard to the majority decision in Murphy v Holland EWCA Civ 1862, the deceased had been entitled to do so.
Will Gift. The Chancery Division held that in a matter where the deceased had bequeathed a French villa to a beneficiary of his will, but by exercising their rights under French law his adopted children had obtained the majority of the villa, they were not entitled to have their tax liability discharged by the executors of the deceased's will.
Employment Wrongful dismissal. The Employment Appeal Tribunal held that the claimant father of a deceased employee had been entitled to recover death in service benefits that the employee had held during his employment that had been terminated shortly before his death, on the assumption that he had been unfairly dismissed. Further, the claim had not been out of time because it was reasonably practicable for the claimant to have waited for his application to be an appointed person to bring the proceedings to have been dealt with before issuing the proceedings.
Trust and trustee Removal of trustee. The Chancery Division held, inter alia, that the claimant, A, would be removed as trustee of an estate, but that his brother, M, would remain as a trustee, where A's hostility to M was having a deleterious effect on the administration of the trust.
Insolvency Administration order. The Chancery Division held that the appointment of the administrators was irregular but was not a nullity despite the breach of para 28(2) of to the Insolvency Act 1986.
Mental health Persons who lack capacity. The Court of Protection considered whether a patient had the capacity to manage her benefits, make a will and decide whether to retain or sell her property and made declarations accordingly.
Family proceedings Orders in family proceedings. The Family Division held that the local authority's applications under of the Children Act 1989 and of the Adoption and Children Act 2002 and gave guidance on the use of s 20 agreements to effect post birth separation of mother and child.
Trust and trustee Breach of trust. The Chancery Division held that the first defendant had used sums it held on trust for the claimant in breach of trust, that the second to fourth defendants had dishonestly assisted that breach of trust and that they had infringed the claimant's intellectual property rights.
Settlement Beneficial interests. The Chancery Division held that trustees should not proceed to sell shares in a company which formed part of a trust, where the majority of the beneficiaries objected to the sale of those shares.
Trust and trustee Constructive trustee. The Chancery Division held that the liquidator of the claimant company was entitled to trace funds the former director had caused the claimant to pay to the defendant who had sufficient knowledge of the company's rights to them.