NEWS
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Latest News
09/05/2013
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.
09/04/2013
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).
27/03/2013
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.
15/03/2013
Mark Blackett-Ord successful in Turner v Phythian
Judgment has been handed down by the High Court in Turner v Phythian.
19/02/2013
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.
19/02/2013
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.
15/02/2013
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.
08/02/2013
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.
05/02/2013
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
01/02/2013
5 Stone Buildings New Terms of Work
From 1st February the terms on which barristers offer their services have changed
24/01/2013
Penelope Reed QC speaking in Singapore
Penelope Reed QC will be speaking on Hastings-Bass at the Asian Private Wealth Summit in Singapore.
14/01/2013
Ruth Hughes successfully represents HMRC
Ruth Hughes successfully represents HMRC in Abby Forwarding Ltd(in liq) v Hone [2012]
12/11/2012
Miranda Allardice joins chambers
Miranda Allardice, formerly of 3 Pump Court Chambers, joins 5 Stone Buildings
02/11/2012
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.
12/10/2012
Judgment give in The Matter of IBM Pension Plan [2012] EWHC 2766(Ch)
Andrew Simmonds QC and Joseph Goldsmith appear for IBM
03/10/2012
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.
31/08/2012
Our latest Newsletter is now available
Our latest newsletter is now available to download from our website
30/08/2012
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
03/08/2012
David Rees appointed as Recorder
We are delighted to announce that David Rees has been appointed as a Recorder.
01/08/2012
Henry Legge QC and Jordan Holland successful in claim involving forged painting
Judgment given in Avrora Fine Arts v Christie, Manson and Woods Ltd
27/07/2012
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.
02/07/2012
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.
21/06/2012
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
20/06/2012
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
15/06/2012
Charlotte Edge, formerly of 3 Stone Buildings, has joined chambers
Charlotte Edge, formerly of 3 Stone Buildings, has joined chambers.
20/04/2012
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.
04/04/2012
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.
02/03/2012
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.
29/02/2012
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.
28/02/2012
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.
01/02/2012
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.
19/01/2012
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).
19/12/2011
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.
07/12/2011
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.
05/11/2011
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.
04/11/2011
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.
19/10/2011
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.
12/10/2011
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.
11/10/2011
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.
29/09/2011
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 [2011] 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.
08/09/2011
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.
19/08/2011
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.
28/07/2011
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.
27/07/2011
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.
20/07/2011
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.
15/07/2011
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.
13/07/2011
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.
04/07/2011
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.
04/07/2011
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.
26/05/2011
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.
24/05/2011
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 [2011] EWHC 1269 (QB).
20/04/2011
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.
19/04/2011
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.
14/04/2011
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.
11/04/2011
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.
04/04/2011
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.
29/03/2011
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.
18/02/2011
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.
11/02/2011
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.
04/02/2011
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.
04/02/2011
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.
21/12/2010
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.
14/12/2010
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.
19/11/2010
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.
08/11/2010
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.
21/10/2010
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.
17/09/2010
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.
31/08/2010
High Court rules on partnership dispute in Hopton v Miller
Mark Blackett-Ord acted for the Defendant in this case, which concerned a dispute between the Claimant and the Defendant, who had run a guest house together as partners.
20/08/2010
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.
30/07/2010
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.
28/07/2010
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:
26/07/2010
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.
29/06/2010
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.
29/06/2010
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 [1975] 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.
25/06/2010
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.
21/06/2010
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.
16/06/2010
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.
14/06/2010
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".
12/06/2010
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.
07/05/2010
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.
04/03/2010
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.
19/02/2010
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.
12/02/2010
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.
11/12/2009
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.
01/11/2009
17/10/2009
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.