header-logo header-logo

10 July 2015 / Andrew Willetts
Issue: 7660 / Categories: Features , Property
printer mail-detail

An uphill battle

nlj_7660_willetts

Cotton provides a masterclass in estate administration for trustees & practitioners, as Andrew Willetts explains

When the seventh Earl of Cardigan achieved historical immortality by commanding the recklessly heroic charge of the light brigade at the battle of Balaclava during the Crimean war it is unlikely that he would have envisaged that his modern day descendants would be forced through straightened finances to sell the ancestral seat. However that is exactly what has come to pass in the recent Court of Appeal decision in Cotton & Anor v Brudenell-Bruce, Earl of Cardigan & Ors [2014] EWCA Civ 1312.

The appeal in Cotton concerned the High Court’s approval of the sale of the grade 1 listed mansion, Tottenham House, which had been placed in a family trust since the 1950s. In recent times the trust had become increasingly cash strapped and dependent on bank loans to fund insurance policies and general upkeep on the trust property. The trust had no money left and the trustees had little choice but to propose the sale of Tottenham

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll