Recent guidance on the extension of time to bring a 1975 Act claim Section 4 of the 1975 Act provides that an application shall not, except with the permission of the court, be made after 6 months from the date on which representation is taken out. Earlier this year, in Cowan v Foreman [2019] EWHC […]
Tags: Will Disputes
On 20 May 2020, general guidance was published on PDF Bundles: https://www.judiciary.uk/wp-content/uploads/2020/05/GENERAL-GUIDANCE-ON-PDF-BUNDLES-f-1.pdf The following points are of note: The guidance does not apply to tribunals. The guidance is general and is subject to directions of the court or the requirements of a judge in a particular case. Bundles must, where the nature of the document […]
Tags: Commercial, Family, General Civil, Insolvency, Will Disputes
SUCCESS FEE RECOVERABILITY IN 1975 ACT CLAIMS: RE H [2020] EWHC 1134 (FAM) The general rule in civil litigation is that costs “follow the event”. In an article I wrote for the special issue of Civil Justice Quarterly on Civil Litigation Costs, Vol. 32 pages 109-312 Issue 2 2013, I discussed the negative impact that […]
Tags: Family, General Civil, Will Disputes
Grounds for Setting Aside a Will: Undue Influence The loss of a loved one is already an incredibly difficult and emotional time. Sometimes the situation is made worse by the discovery of suspicious circumstances surrounding the making of the will. This series of posts will examine some of the ways in which a will can […]
Tags: General Civil, Will Disputes