Administration of Justice Act 1985, s50 – Page 2

Perry v Neupert & ors [2020] WTLR 199

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JUDGMENT MS LESLEY ANDERSON QC Introduction [1] This is my judgment following the trial of an application pursuant to s5O Administration of Justice Act 1985 (“the 1985 Act”) in relation to the English estate (“the Estate”) of Israel Igo Perry (“Mr Perry” or ’the Deceased”). [2] In its original Part 8 form issued on 30 …

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Gaskin v Chorus Law Ltd & anr [2019] WTLR 785

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JUDGMENT MASTER CLARK: [1] This judgment determines the incidence of costs as between the parties in this claim under s.50 of the Administration of Justice Act 1985, which, as will be seen, was ultimately dismissed in unusual circumstances. Regrettably, though sadly not usually, the parties’ combined costs of the claim (which exceed £180,000) represent just …

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Whittaker v Hancock & ors [2019] WTLR 1043

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JUDGMENT MASTER SHUMAN : [1] The claimant has brought a claim under section 50 of the Administration of Justice Act 1985 (”the 1985 Act”) to be appointed as substitute personal representative of the estate of John Parker (”the deceased”) in place of the second defendant, her mother, and for a caveat entered by the third …

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Bhusate v Patel & ors [2019] WTLR 393

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JUDGMENT CHIEF MASTER MARSH: [1] This is my judgment on the application by the claimant for the court’s permission to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act). The application is governed by s4 of the Inheritance Act which provides: ‘An application for an order under s2 …

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Wilby v Rigby [2015] EWHC 2394 (CH)

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HHJ HODGE QC: [1] This is my substantive extemporary judgment on the claim by Mrs Janice Wilby against her brother, Mr Ian Rigby, relating to the administration of the estate of their late mother, Sybil Doreen Rigby. I have already delivered an extemporary procedural judgment which sets out some background to this claim, and this …

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Jones v Longley [2015] EWHC 3362 (Ch)

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JUDGMENT MASTER MATTHEWS: [1] The claimant and the first defendant were appointed co-executors of the will dated 24 November 1994 of Charles Henry Longley. The claimant was the solicitor who drew the will. The first defendant was the deceased’s elder son. The deceased died on 9 May 2010, and probate was granted to both executors …

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Wilby v Rigby [2015] EWHC 2394 (Ch)

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JUDGMENT JUDGE HODGE QC: [1] This is my substantive extemporary judgment on the claim by Mrs Janice Wilby against her brother, Mr Ian Rigby, relating to the administration of the estate of their late mother, Sybil Doreen Rigby. I have already delivered an extemporary procedural judgment which sets out some background to this claim, and …

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National Westminster Bank plc v Lucas & ors [2014] EWHC 653 (Ch)

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JUDGMENT SALES J: Introduction [1] These proceedings relate to the administration of the estate of Jimmy Savile, the television presenter. Jimmy Savile died on 29 October 2011. The current value of his estate, after allowing for a range of expenses that have been incurred, is about £3.3m. [2] Jimmy Savile left a will. The executor …

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Khan v Crossland

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JUDGMENT [1] This is a dispute over who should administer the estate of Dennis Griffiths who died on 30 October 2008. Under the terms of his will which was executed on 15 February 1999 the respondents, Ms Hanover and Mr Crossland were appointed as executors. At the time of the execution of the will the …

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Burgess & anr v Hawes & ors 0CL10537

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JUDGMENT HER HONOUR JUDGE KAREN WALDEN-SMITH: Introduction [1] Daphne Mary Burgess (Daphne Burgess) was born on 4 August 1928. She died on 30 May 2009. On 12 January 2007 she signed a will which, if valid, revoked an earlier will dated 23 September 1996 (the earlier will). The earlier will left the entirety of her …

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