Forfeiture rule disapplied after spousal abuse
The claimant sought the disapplication of the forfeiture rule. She had been convicted of the manslaughter of her seriously abusive husband. The court considered whether a conviction for murder set aside and replaced with one of manslaughter was a conviction under the 1982 Act, and that the three month strict time limit ran accordingly.
Held: The claim succeeded, and the forfeiture rule disapplied: ‘In my judgment, the word ‘conviction’ in section 2(3) of the 1982 Act does not refer to the occasion of the plea of guilty to manslaughter, but to the occasion (if they are at the same time) when the plea is accepted and the defendant is sentenced.’ and ‘ it is only at the point of sentence and not, if this is earlier, when the court accepts the plea, that there is a ‘conviction’ within section 2(3) of the 1982 Act, such that the three-month time limit begins to run.’
‘These facts are extraordinary, tragic, and, one would hope, rare. They lasted 40 years and involved the combination of a submissive personality on whom coercive control worked, a man prepared to use that coercive control, a lack of friends or other sources of assistance, an enormous dependency upon him by the claimant, and significant psychiatric illness. The deceased undoubtedly contributed significantly to the circumstances in which he died. I do not say that because coercive control is now a criminal offence, but simply because I consider that, without his appalling behaviour over so many years, the claimant would not have killed him. ‘
References: [2020] EWHC 1330 (Ch), [2020] WLR(D) 356
Links: Bailii, WLRD
Judges: HHJ Paul Matthews
Statutes: Forfeiture Act 1982
Jurisdiction: >England and Wales
This case cites:
- Cited – Cleaver v Mutual Reserve Fund Life Association CA ([1892] 1 QB 147, 1891 4 All ER 335, 61 LJQB 128, 65 LT 220)
The deceased’s executors objected to his widow maintaining action on a trust created by an insurance policy in her favour under the Act. She had been convicted of his murder. The executors’ case was that ‘it is against public policy to allow a . . - Cited – In the Estate of Cunigunda Crippen deceased ([1911] P 108)
Dr Crippen notoriously survived his wife. Between the date of his conviction for her murder and the carrying out of the death sentence passed on him, Dr Crippen made a will naming Ethel Le Neve as the sole executrix and universal beneficiary. Ethel . . - Cited – In Re Estate of Hall CA ([1914] P 1)
The rule of forfeiture applied as much to manslaughter as to murder. . . - Cited – Dunbar (As Administrator of Tony Dunbar Deceased) v Plant CA (Gazette 24-Sep-97, Bailii, [1997] EWCA Civ 2167, [1997] 4 All ER 289, [1998] Ch 412, [1997] 3 WLR 1261, [1998] 1 FLR 157, [1998] Fam Law 139, [1997] 3 FCR 669)
The couple had decided on a suicide pact. They made repeated attempts, resulting in his death. Property had been held in joint names. The deceased’s father asked the court to apply the 1982 Act to disentitle Miss Plant.
Held: The appeal was . . - Cited – Gray v Barr ChD ([1970] 2 QB 626)
The defendant had used a shotgun to threaten a man and the gun had accidentally gone off and killed him. The issue was whether the defendant could recover in respect of his liability under a policy of insurance. .
Held: The rule of public . . - Cited – Gray v Barr CA ([1971] 2 QB 554)
A husband had accidentally shot and killed his wife’s lover after threatening him with a shotgun.
Held: The court confirmed the decision at first instance. He was not liable to be indemnified by his insurers for the losses claimed against him . . - Cited – Re H (Deceased) ([1990] 1 FLR 441)
The Plaintiff had stabbed his wife to death while acting under a delusion induced by a reaction to a drug that he had been prescribed.
Held: Public policy did not require in every case of the manslaughter of a spouse that the forfeiture rule . . - Cited – Regina v Cole CCA ((1965) 49 Cr App R 199 (CCA), [1965] 2 QB 388, [1965] 2 All ER 29)
Six men robbed the bank manager and his assistant of monies in a safe in the vault of the bank premises. Two days later the appellant paid part of the proceeds of the robbery into two banks, located nearby to the vicinity of the robbery. Wax seals . . - Cited – S v Recorder of Manchester and Others HL ([1971] AC 481)
S, a 16 year old boy pleaded guilty to attempted rape before a juvenile court. The magistrates adjourned the case for inquiry reports. On the adjourned hearing, his legal representative referred to evidence of the boy’s mental condition, and asked . . - Cited – Land v Land; In re Land, deceased ChD (Bailii, [2006] EWHC 2069 (Ch), [2007] 1 WLR 1009, [2006] WTLR 1447, [2007] 1 All ER 324)
The claimant had cared for his elderly mother who ‘shunned any type of ‘officialdom’ including doctors and home helps.’ However, the claimant so neglected her that she suffered severe bed sores which had become infected in consequence of her lying . . - Cited – D v L and Others ChD ([2003] WTLR 687, Bailii, [2003] EWHC 796 (Ch))
The claimant had been found guilty of the manslaughter by diminished responsibility of the deceased. He now sought disapplication of the 1982 Act.
Held: The application failed: ‘The reforms introduced by the Homicide Act 1957 were designed to . . - Cited – Chadwick v Collinson and Others ChD (Bailii, [2014] EWHC 3055 (Ch))
The deceased and the claimant lived together for about 10 years in an apparently stable and loving relationship. They had a son together. They also co-owned a house (by way of joint tenancy) in which they lived. In April 2013 the claimant was . .
(This list may be incomplete)
Last Update: 05 July 2020; scu-Ref: scu.650955 br>
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