Berry v Child Support Agency & Ors [2016] EWHC 1418 (CH)

WTLR Issue: October 2016 #163





The claim was by the administrator of the estate of Norman Tovey (the deceased), seeking directions as to whether the estate should accept and make provision for four alleged liabilities. The deceased’s assets amounted to around £160,000, with £83,000 uncontested liabilities. The alleged liabilities, if valid, would exceed £500,000.

Counsel details

Jody Atkinson (St John’s Chambers, 101 Victoria Street, Bristol BS1 6PU, tel 0117 923 4700, e-mail, instructed by AMD Solicitors (100 Henleaze Road, Henleaze, Bristol BS9 4JZ, tel 0117 962 1205, e-mail, appeared on behalf of the claimant.

Sarah Harman (4 Stone Buildings, Lincoln’s Inn, London WC2A 3XT, tel 020 7242 5524, e-mail, instructed by Government Legal Department, appeared on behalf of the defendant.

Cases referenced

Cases in bold have further reading - click to view.

  • Child Maintenance and Enforcement Commission v Beesley [2010] EWCA Civ 1344
  • Department of Social Security v Butler [1995] 1 W.L.R. 1528
  • K (Deceased), Re [2007] EWHC 622 (Ch)
  • Symmons v Symmons [1993] 1 F.L.R. 317

Legislation referenced

Legislation in bold has further reading - click to view.

  • Administration of Insolvent Estates of Deceased Persons Order 1986
  • Child Maintenance and Other Payments Act 2008
  • Child Support Act 1991, s43A
  • Civil Procedure Rules 1998
  • Insolvency Act 1986, s281, s382
  • Insolvency Rules 1986