Wills & Trusts Law Reports | September 2015 #152The defendants applied for an order summarily terminating the claimant’s application for an order under s10 of the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) without trial.
J was a well-known, successful property dealer who died on 28 October 2012 worth a large fortune. The claimant (C) was his widow and had married J in 1997 following ten years’ cohabitation. They lived a high lifestyle. J had been married previously and had nine children; two children with C, four children from a previous marriage (D1, D2, D3 and D...
Edward Floyd looks at the court’s jurisdiction where permission to appeal has already been refused and the meaning of a real prospect of success ‘It is important to recognise the distinction between the test for granting permission to appeal and the more rigorous test for granting or refusing a substantive appeal.’ In McHugh v McHugh …
Continue reading "Appeals: Last chance"
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Katie Lowe looks at the revised procedure for appeals and practice points for practitioners ‘The court is bound by the interpretation given to the phrase “real prospect of success”, namely that a party must show a realistic, rather than fanciful, prospect of success.’ Cases that involve advising on appeal are generally few and far between. …
Continue reading "Appeals: Limited options"
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In the conclusion to a two-part analysis, Frances Bailey and Claire Glaister look at the options when seeking to set aside a consent order ‘To successfully set aside a consent order on the basis of common mistake it must be shown not only that there was a common mistake, but that that mistake was fundamental …
Continue reading "Setting Aside: Playing the odds"
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