Minwalla v Minwalla
| Jurisdiction | England & Wales |
| Neutral Citation | [2005] EWHC 2823 (Fam),[2004] EWHC 2823 (Fam) |
| Date | 2004 |
| Court | Family Division |
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10 cases
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Stella Burnard (in her own right and as executrix of the estate of Godfrey Harry Burnard Deceased) v Graham Burnard and Others
...it was a sham. He referred me to paragraphs 4–19 – 4–20 of the 18 th Edition of Lewin on Trusts. He referred me to the case of Minwalla v Minwalla [2005] 1 FLR 771, a decision of Singer J that has been the subject of some criticism. 76 . In order to establish a sham it must be established t......
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Nichola Anne Joy v Clive Douglas Christopher Joy-morancho (First Respondent) Nautilus Fiduciary (Asia) Ltd (the trustee of The New Huertotrust) (Third Respondent) LCAL Anthology Inc. (Fourth Respondent)
...the Fountain Trust case [2005] JRC 099, agreeing to enforce the orders I had made consequent upon just such a finding in the case of Minwalla v Minwalla [2004] EWHC 2823 (Fam), [2005] 1 FLR 771. 128 However, by the onset of the final hearing TB had made available via SDM the key documents ......
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Petrodel Resources Ltd and Others v Prest
...Ch 204. 36 The judge in his review of authorities considered Nicholas v Nicholas, Crittenden v Crittenden [1990] 2 FLR 361, Mubarak, Minwalla v Minwalla [2005] 1 FLR 771, W v H (financial relief: without notice orders) [2001] All ER 300, A v A [2007] 2 FLR 467 and Ben 37 From his review......
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Nd v Sd (1St Respondent) Y Trustees Ltd (2Nd Respondent) Ph (3Rd Respondent)
...Singer J said much the same thing in Minwalla v Minwalla and DM Investments SA, Midfield Management SA and CI Law Trustees Ltd [2004] EWHC 2823 (Fam), [2005] 1 FLR 71 ( Minwalla), adopting at paras [54]–[55] the following statement of principle by a commentator: 'In order for a trust to be ......
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1 firm's commentaries
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Is It An Offshore Sham? A Balanced Perspective Is Welcomed
...be taken to constitute the necessary intention: Minwalla v Minwalla and DM Investments SA, Midfield Management SA and CI Law Trustees [2004] EWHC 2823 (Fam). A review of the more recent case of Hitch v Stone (Inspector Taxes) [2001] EWCA Civ 63 [2001] STC 214 was also undertaken, and in whi......
1 books & journal articles
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The Evolution of the Modern International Trust: Developments and Challenges
...be difficult to establish that he or she shared the settlor’s intention to mislead.109 101. Id. at 168. 102. Minwalla v. Minwalla [2004] EWHC (Fam.) 2823 (Eng.). 103. Id. at [56]–[60]. 104. Id. at [60]. 105. Charman v. Charman [2005] EWCA Civ 1606, [12] (Eng.). The sham trust argument was n......