Appeals: Mind the gap – is perversity an insurmountable chasm?

Liam Ryan explores the recent Court of Appeal decision of Whiting v First/Keolis Transpennine Ltd and what it means more generally for appellants seeking to bring an appeal based on the difficult ground of perversity ‘The common-sense reality of the case was that once the evidence of Mr Stitt was accepted, Mr Whiting could not …
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Martin v Williams [2017] EWHC 491 (Ch)

Wills & Trusts Law Reports | Autumn 2017 #169

This 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 ma...

JSC Mezhdunarodniy Promyshlenniy Bank & Anor v Pugachev & Ors [2015] EWCA Civ 906

Wills & Trusts Law Reports | December 2015 #155

In 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

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 …
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Kershaw v Roberts & anr [2014] EWHC 1037 (Ch)

Wills & Trusts Law Reports | October 2014 #143

This 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

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. …
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Ilott v Mitson & ors [2014] EWHC 542 (Fam)

Wills & Trusts Law Reports | May 2014 #139

This 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...

Appeals: An appealing consolidation?

Ellie Foster reflects on the harmonisation of the rules relating to appeals and potential pitfalls under the FPR 2010 ‘The general principle of the FPR 2010, certainly as far as appeals are concerned, is to harmonise the new rules with the CPR 1998 and to provide for one appeal only, although exceptionally there may be …
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