Stephen Richards

The proceedings, concerning one of Britain's best known businessmen, considered the circumstances in which a Lasting Power of Attorney came to be executed as well as health and welfare issues.

Stephen lead the Withers' team, including Natasha Stourton, Richard Walker, Alex Dix, Rosalind Russell and Alice Tomlin at both First Instance and the Court of Appeal.
 

In FL v MJL Stephen, Deborah Nicholls-Carr, Julia Abrey and Richard Walker acted for the Deputy in an application to the Court of Protection to make gifts totalling £17 million to family members and charities from the funds of an incapacitated person. This was a significant and novel case which clarified the law on the authorisation of gifts for tax planning. Click here to read the judgment.

In Etroy v Speechly Bircham (2023) Stephen, Deborah Nicholls-Carr and Zoe Gaskell acted for Stefan Etroy in his successful claim against his former solicitors in respect of negligent tax advice in relation to a trust.  The negligent advice triggered a tax liability in excess of £1 million. Click here to read the judgment.

Withers acted for the well-known businessman Gopichand Parmanand ('GP') Hinduja and his siblings in Court of Protection proceedings concerning the health, welfare, property and affairs of his brother, Srichand Parmanand Hinduja.  It is believed to have been amongst the longest-running and most complex Court of Protection disputes, spanning over twenty hearings on a wide range of issues.  In August 2022, Mr Justice Hayden delivered two judgments (here and here) lifting all reporting restrictions, but at the Court of Appeal GP argued successfully that some restrictions should remain in place to preserve his brother's privacy.  The Withers team was led by Stephen Richards and included Natasha Stourton, Richard Walker, Alexandra Dix and Rosalind Russell.  Read the Court of Appeal's judgment here.

Stephen Richards, along with Alexandra Dix, acted for the successful claimant in Tish v Olley & Others [2018], where the judge agreed with their interpretation of the will. Click here to read our briefing note on the case and here for the judgment.

Stephen, together with Ceri Vokes and Olivia Turner, set aside a previous transfer of shares into an Isle of Man trust structure, which mistakenly resulted in adverse tax consequences. Working with Isle of Man advocates we also advised on making the relevant arrangements for minor and unborn beneficiaries. Read the Judgment here

Stephen together with Paul Hewitt acted for the charity in RSPCA v Sharp & Others [2010] in which the Court of Appeal unanimously upheld the RSPCA's case that its benefactor, the late George Mason, had intended his estate to pass free of inheritance tax. Click here to read our summary of the case and click here read the Judgment.

Successfully removed a Trustee of a multi-million trust in the High Court.