Deborah Nicholls-Carr

Senior associate | London


Client Services Contact Stevie Munro

 

Track record

Frozen funds dispute

Deborah and Paul Hewitt represented Prince Mukarram Jah, His Exalted Highness Nizam VIII of Hyderabad, in a dispute over funds frozen at Natwest Bank for over 70 years (the subject of a 1958 House of Lords decision Rahimtoola v Nizam of Hyderabad), involving the governments of India and Pakistan. Pakistan issued a new claim in 2013. The High Court decided in Pakistan v Natwest and Ors [2015] EWHC 55 (Ch) that the Nizam's claim to the funds should be allowed to proceed. The Judge upheld the Nizam's claim (along with those of his younger brother and India) to his grandfather's funds. Read the Judgment of The High Commissioner for Pakistan in the UK v Prince Muffakham Jah & Others [2019] EWHC 2551 here The case was one of The Lawyer's ‘Top 20 Cases of 2019'.

Application to Court of Protection

Deborah, together with Julia Abrey and Richard Walker, acted for the Deputy in an application to the Court of Protection to authorise gifts to family members and charities from an estate of £17 million (FL v MJL 2019 EWCOP 31).

Contested statutory will application

Deborah and Paul Hewitt acted for the a respondent in an urgent contested statutory will application in the Court of Protection in relation to an estate of approximately £3.5 million. The application was made on 4 April 2019 and the statutory will was approved by the Court on 30 May 2019.

Court of Protection

Named associate by Legal 500 in 2019 and 2018 for Court of Protection work.

Removing executors of a Will

Deborah and Steven Kempster acted for beneficiaries of an estate in proceedings that went to the Court of Appeal in England on the issue of removing executors of a Will and on the costs of the dispute; reported as Griffin v Higgs (2018). The Court of Appeal decision clarified the scope of an executor's costs indemnity.

Will provision

Deborah and Steven Kempster brought the highest value Inheritance Act claim to date in Wooldridge v Wooldridge (2016). We were acting for a widow who sought to increase provision under her husband's will after his death in a tragic helicopter accident.

Court of Protection

Deborah and Stephen Richards acted for the applicant in a Court of Protection matter, successfully securing the removal of a joint attorney for property and financial affairs of an elderly person where there were concerns were raised over his suitability by neighbours and friends.

Charities settlement

In a claim over the construction of a will, Deborah and Stephen Richards negotiated a settlement on behalf of eight charities, which settled in the charities' favour without the need for a Court hearing.

Talks

  • 'Why everyone should have a creative outlet: creativity is good for you and good for business' - Women in Law Summit 2019

  • 'Update of gifting following Re JMA and Re MJL' - Simon Gore Court of Protection conference - October 2019

  • 'Recent developments in statutory wills and lifetime gift applications', Simon Gore Elderly Client Conference - April 2019

  • 'Lasting Powers of Attorney', Law Society webinar - April 2019