Wills & Trusts Law Reports | Autumn 2022 #188On 10 February 2022 judgment was delivered on a claim brought under Part 8 of the Civil Procedure Rules in relation to issues which had arisen in the administration of the estates of Angela and John Dunbabin. The main issue related to the question whether they had severed their beneficial joint tenancy, so as to hold the legal title to their residence upon trust for themselves as tenants in common in equal shares, with the result that on the death of Angela her half share devolved according to the terms of her will instead of passing automatically by survivorship to John. The cl...
Francesca O’Neill warns that failure to comply with procedural steps can have severe consequences ‘Not only did the judge in C v AXS accept that the decision in AEI was persuasive and strike the claim out, she was also persuaded to make a costs order on the indemnity basis – and order the claimant’s solicitors …
Continue reading "Sanctions: Persuading a judge to strike the claim out"
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Andrew Jones measures the minefield of mistakes ‘The High Court judge found that the overriding objective under the CPR did not mean there is a duty to point out the other side’s mistakes, and did not amount to “technical game playing”, unless there is a genuine misunderstanding between the parties regarding a significant matter to …
Continue reading "Procedure: To err is human"
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Carl Troman assesses a recent decision on service by email ‘By the time the appeal reached the Supreme Court there was no issue about the fact that service was invalid and the case simply turned upon whether a retrospective validation of service should be granted.’ The Supreme Court has recently given judgment in Barton v …
Continue reading "Practice: Service can be a right hassle"
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Howard Elgot and Abigail Telford discuss a case that ended up in the Supreme Court concerning a procedural issue ‘Those seeking to serve a claim form by any mode should take particular care to comply with the rules and practice directions.‘ In Barton v Wright Hassall [2018], the claimant (C), acting as a litigant in …
Continue reading "Mis-service of the claim form: A triumph of form over substance?"
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Clare Arthurs and Nicole Finlayson look at litigants in person and service by email ‘Mr Barton‘s case at first instance was that he had complied with the rules because Berrymans‘ email correspondence with him amounted to an “indication“ under CPR PD 6A.4.1 that they would accept service by email.‘ Litigants in person do not have …
Continue reading "Insights by Penningtons Manches: In the ring"
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Andrew Roy considers the implications of a recent High Court decision on impecuniosity ‘Had the claimant been impecunious his proper course, with reference to the need for finality in litigation, was to seek an adjournment of the hearing below.‘ In Wadhwani v Ingenious Media Holdings Ltd [2018] HHJ Walden-Smith, sitting as a judge of the …
Continue reading "Compromise agreements: No second chances"
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