Is it possible to resist an application to amend on the grounds that the new case could and should have been advanced earlier? Martin Hutchings QC reviews the basic principles in the context of a recent case One could be forgiven for concluding that the danger that the rule in Henderson is designed to meet …
Continue reading "The Henderson rule: Applications to amend"
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Kate Raybould assesses an application to strike out a claim ‘The assessment of the claimant‘s alleged procedural failures is arguably generous, and it is difficult to imagine the court would have reached the same conclusion had the claimant been represented.‘ The High Court has recently given its judgment and a helpful review of the authorities …
Continue reading "Abuse of process: Hot under the collar"
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Wills & Trusts Law Reports | November 2016 #164This case involved an application made by the claimants, as trustees of the will trust of the late Jean Montgomery, for Beddoe relief (‘the deceased’). The trustees seek Beddoe relief in respect of implementing an order for possession.
The defendants are the deceased’s three children who are equal beneficiaries under her will trust. The application was opposed by the first defendant, ‘Jonathan’, but supported by the second and third defendants.
The trustees had previously applied for an order for possession against Jonathan an...
