I(PFD)A 1975 Act cases and CFA success fees – Article by Kate Selway KC
The Court of Appeal will shortly give judgment in a case involving one of our members, Sophia Rogers; a much anticipated decision on the interaction between CFA success fees and awards for reasonable provision under the 1975 Act. This will be an important decision for all those who practise in this area of law. To […]
Dawson & Ors v Dawson & Ors [2022] EWHC 341 (Ch)
![Dawson & Ors v Dawson & Ors [2022] EWHC 341 (Ch)](https://radcliffechambers.com/wp-content/uploads/2022/02/dawson-ors-v-dawson-ors-2022-ewhc-341-ch-scaled-2-1368x648.jpg)
On 18 February 2022, Deputy Master Rhys handed down judgment in Dawson & Ors v Dawson & Ors [2022] EWHC 341 (Ch), a claim to prove a lost will in solemn form, and a counterclaim in proprietary estoppel. The Claimants were the wife and son of the Deceased and the named executors, and the Defendants […]
Removal and substitution of Personal Representatives under s 50 Administration of Justice Act 1985 – Article by Nathan Wells
Nathan Wells examines judicial guidance on the appropriate procedure for issuing and hearing claims for the removal/substitution of personal representatives and the preparation of evidence in such claims. Read the full article here. This article was first published in the New Law Journal on 18 June 2021 (www.newlawjournal.co.uk).
Video: ‘Proprietary Estoppel and Family Assets’ and ‘Revoking Wills’
During this webinar, Jonathan discusses the principles of proprietary estoppel as they have been applied in recent years, particularly in relation to family homes and farms, and how to assess the strength of the claim and whether the court is likely to award everything that was expected or only something less. Emma examines the different […]
Relief from the forfeiture rule: Amos v Mancini [2020] EWHC 1063 (Ch) and Challen v Challen [2020] EWHC 1330 (Ch)
In this article Emma Loizou considers two cases decided this year which concern the forfeiture rule and the circumstances in which the court may grant relief Read the full article here.
Bishop of Leeds v. Dixon Coles & Gill – solicitors’ fraud and limitations
Thomas Dumont KC (assisted by Poppy Rimington-Pounder, also of Radcliffe Chambers) and Derek Bambury & Lisa Henty of Browne Jacobson LLP succeeded in the Court of Appeal today in establishing that solicitors can (despite Lewin on Trustees’ view to the contrary) rely on the innocent trustees’ 6-year limitation period, even when their fraudulent partner had […]
Video: Beddoes and blessings – whether and whither? (Private Client Conference 2021)
Marcus Flavin discusses some recent interesting blessing and Beddoe decisions from Jersey and Henry Day considers some points arising from that aspect of the British Airways pension litigation, including the availability of Beddoe relief for appeals and the effect of a Beddoe order on settlement approval. This webinar is part of the Radcliffe Chambers […]
Video: Covid 19, remote execution and forged wills
The Executor of HRH The Prince Philip, Duke of Edinburgh v HM Attorney-General For England and Wales [2021] EWHC 77 (Fam)
Christopher Buckley appears in The Executor of HRH The Prince Philip, Duke of Edinburgh v HM Attorney-General For England and Wales [2021] EWHC 77 (Fam). Following a private hearing in July 2021 the President of the Family Division has ordered that the will of HRH The Prince Philip, Duke of Edinburgh be sealed up and […]
Changing nature of trust litigation – Article by Josh Lewison
Josh Lewison was invited by Today’s Wills & Probate to discuss how trust litigation is changing, and how dispute resolution tactics now call for the use of commercial and insolvency remedies. Please read the piece here.
