Wills & Trusts Law Reports | Spring 2023 #190The claimant had been married to the deceased for 11 years. The deceased took her own life on 11 April 2017. The claimant and the first and second defendants, the deceased’s siblings, were appointed executors of the deceased’s 2015 will. Probate was granted in April 2018. The estate was valued at around £130,000.
On 27 August 2019, the claimant was removed as an executor of the 2015 will by the court. The claimant brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of the deceased on 21 November 2019, which was opposed b...
Paul Jones highlights an example of an application for relief from sanctions in detailed assessment proceedings ‘The court considered the breach by reference to all the surrounding circumstances of the case. In particular, the claimant had commenced detailed assessment within the required three months.’ Relief from sanctions has been the dominant theme in the post …
Continue reading "Costs: Trivial pursuits"
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In a recent case the Court of Appeal takes a new view of Mitchell, Jim Hester discusses ‘The court’s new guidance replaces what was generally seen as a two-stage process under Mitchell (Was this a trivial breach? Was there a good reason?) with a new three-stage process.’ Hot on the heels of the seminal Mitchell …
Continue reading "Relief From Sanctions: Denton and the misunderstanding of Mitchell"
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Lianne Naughton considers the clear message of Mitchell, if you are getting into trouble complying with the court timetable make an application to extend time ‘Applications for extensions of time made before time had expired will be looked upon more favourably than applications for relief from sanctions made after the event.’ The year 2013 saw …
Continue reading "Relief From Sanctions: The true cost of change"
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