Topic: Case Management

Lomax v Lomax [2020] WTLR 191

The claimant made an application under the Inheritance (Provision for Family and Dependants) Act 1975 as a widow of the deceased. She wanted the parties to engage in Early Neutral Evaluation (ENE), but the defendant refused to do so. The claimant asked the court to order an ENE under CPR r3.1(2)(m).

At first instance, Parker J made it clear that she believed that an ENE would be of benefit to the parties, but declined to order this. The claimant appealed against the decision not to order an ENE.

The single issue on appeal was whether a court can order an ENE in cir...

Davies & anr v Davies [2013] EWHC 2623 (Ch)

Tegwyn and Mary Davies purchased a dairy farm known as Henllan in West Wales in 1972. It comprised a farmhouse, an attached cottage, outbuildings, and 182 acres of land. It was farmed with a nearby farm also owned by them known as Caeremlyn which they had purchased in 1961 (together ‘the farm’). The respondent, Eirian was one of their three daughters. By 1989, she was the only child left at the farm. She had a passionate interest in pedigree milking cows which was the main business of the farm, and it was by this stage clear that she was the only possible candidate to take it over. In th...

Aeroflot-Russian Airlines v Berezovsky & ors [2015] EWHC 3937 (Ch)

The claimant brought proceedings against (amongst others) Mr Berezovsky’s estate. An application was issued on 9 December 2015 by the trustees of the insolvent estate of the late Mr Berezovsky in the run up to the first CMC. The trustees were Mr Wood, Mr Hellard and Mr Leeds, and they sought a stay of the proceedings against Mr Berezovsky’s estate under s285(1) of the Insolvency Act 1986 as amended by the Administration of Insolvent Estates of Deceased Persons Order 1986 (SI 1986/1999). The trustees’ principal argument was that if a stay was n...