Continue reading "Appeals: Change and adapt"
Wrangle v Brunt & anr [2021] WTLR 1143
Wills & Trusts Law Reports | Autumn 2021 #184This was an appeal from a first instance judgment in proceedings relating to the estate of Dean Brunt (Dean), who tragically died aged 35 on 8 December 2007, when he was hit by a train. On 25 June 2008, the first defendant/appellant (Marlene), who was Dean’s mother, obtained letters of administration in relation to Dean’s estate on the basis that he died intestate.
Over ten years later, in November 2018, the claimant/respondent, the deceased’s uncle by marriage (Bob), started the proceedings, seeking to revoke the letters of administration issued to Marlene, on the basis that a pu...
Appeals: Mind the gap – is perversity an insurmountable chasm?
Continue reading "Appeals: Mind the gap – is perversity an insurmountable chasm?"
Martin v Williams [2017] WTLR 1041
Wills & Trusts Law Reports | Autumn 2017 #169This was an appeal against a decision of the County Court ([2016] WTLR 1075) to make reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 for Mrs Joy Williams from the estate of her deceased partner Norman Martin. Under the terms of Mr Martin’s last will his entire estate passed to Mrs Maureen Martin, Mr Martin’s wife, from whom he was separated, but to whom he remained married until the date of his death. Mr and Mrs Martin had not divorced but they had made an informal arrangement regarding their separation.
HHJ Gerald made an order ...
JSC Mezhdunarodniy Promyshlenniy Bank & Anor v Pugachev & Ors [2015] EWCA Civ 906
Wills & Trusts Law Reports | December 2015 #155In 1992 Mr Pugachev founded the first claimant bank (Mezhprom). In November 2010 the Moscow Arbitrazh Court declared Mezhprom to be insolvent, opened liquidation proceedings and appointed the second claimant (the DIA) as liquidator. On 25 January 2011 the Russian authorities began a criminal investigation with regard to the insolvency of Mezhprom and three days later Mr Pugachev fled Russia. On 2 December 2013 the claimants began proceedings against Mr Pugachev in the Moscow Arbitrazh Court.
On 11 July 2014 Henderson J granted a worldwide freezing order without notice in aid of th...
Appeals: Last chance
Continue reading "Appeals: Last chance"
Kershaw v Roberts & anr [2014] EWHC 1037 (Ch)
Wills & Trusts Law Reports | October 2014 #143This hearing was an appeal from a decision of His Honr Judge Philip in which that judge found that an earlier hearing in the matter had not been a case management conference (CMC) and that therefore the respondent defendants were under no obligation to file and serve a costs budget seven days in advance of it. The claimant had contended that the earlier hearing had been a CMC and renewed that submission in the current hearing. The claimant’s submissions raised general issues as to whether the first hearing in a Part 8 claim, alternatively the first directions hearing, in such a cla...
Appeals: Limited options
Continue reading "Appeals: Limited options"
Ilott v Mitson & ors [2014] EWHC 542 (Fam)
Wills & Trusts Law Reports | May 2014 #139This was an appeal against quantum in an application under the Inheritance (Provision for Family and Dependants) Act 1975. The deceased was called Melita Jackson and the appellant was her estranged daughter.
The proceedings had a protracted history. There was an initial hearing of the claim in front of District Judge Million on 7 August 2007. He found as facts that the appellant and her husband and family lived modestly in a housing association house. They were heavily dependent on state benefits. The appellant did not work and her husbands income was small. The family’s ...
Appeals: An appealing consolidation?
Continue reading "Appeals: An appealing consolidation?"