Wills & Trusts Law Reports | Summer 2023 #191The claimant was married to Graham Jennison (the deceased) who died domiciled in New South Wales on 11 July 2007. He left a will dated 16 August 2006 appointing the claimant as sole executrix. Probate was granted to the claimant on 15 May 2008 in New South Wales (NSW) (the grant).
The proceedings, in respect of alleged breaches of trust, were issued on 18 February 2019 by the claimant as personal representative of the deceased. The particulars of claim relied upon the grant. The defence pleaded that it was not admitted that the grant conferred jurisdiction to the claimant in respe...
Joanne Green highlights the circumstances in which an error in an order may be corrected to reflect the intention of the court Where there is any indication that a correction under the slip rule may be contentious, it is sensible to make the application on notice so that both parties can be heard in the …
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Simon Hughes and Isabelle Knight examine the implications of the recent Court of Appeal decision in Cowley v LW Carlisle Ltd [2020] ‘The Court of Appeal has now confirmed that the court does have the power to strike out a claim under its general case management powers, independently of jurisdiction arguments.’ In an appeal before …
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Ellie Foster and Eleanor Cawthra highlight the issue of finality of judgments, the ability of a judge to change their mind and the submission of further evidence ‘Allowing disappointed litigants the impression that the court will accede easily to the introduction of fresh evidence after judgment, that they could have adduced at first instance had …
Continue reading "Procedure: Not a dress rehearsal"
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Wills & Trusts Law Reports | Autumn 2019 #176On an appeal against HMRC’s determination of liability to inheritance tax the appellant made a number of applications in the First-Tier Tribunal (Tax Chamber), including an application to opt out of the complex track costs regime, and for disclosure of documents alleged to be relevant to the HMRC’s assessment that the appellant had not been domiciled in the UK, but in Israel, when shares had been transferred to her by her husband. The appellant contended that she was UK domiciled at the time of the gift and that the spousal exemption applied.
The tribunal wrote to the appellant on...
With the number of litigants representing themselves in court on the increase, Emma Marshall provides some timely advice about case preparation ‘While some litigants in person (LiPs) have a working knowledge of court procedure and require little additional assistance in representing themselves, other LiPs can cause real difficulties.’ Dealing with litigants in person (LiPs) can …
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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 …
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Michael Bennett discusses discontinuance ‘The best approach will usually be to try and demonstrate some form of unreasonable conduct by the defendant and use this to reduce the percentage of the defendant’s costs that the claimant is ordered to pay.’ When a claimant discontinues a claim it may feel like the end of a long …
Continue reading "Procedure: A tricky end"
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Elspeth Kinder and Clare Williams consider the approach to new evidence where there has been a finding of fact in financial remedy proceedings ‘The court is required to consider whether a rehearing of an issue will result in a different finding, beyond the fact that different judges will sometimes reach different decisions on the same …
Continue reading "Procedure: The last word?"
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Fran Mussellwhite explores the principles behind the submission of supplementary information after the deadline for bid submissions ‘Negotiation between a contracting authority and a bidder during a procurement is prohibited and as a general rule, a bid cannot be amended after it has been submitted.’ A series of recent European cases have focused on the …
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