The families disputed a claim under the 1975 Act. The defendants now sought summary dismissal of the claim.
References: [2015] EWHC 907 (Fam)
Links: Bailii
Judges: Mostyn J
Statutes: Inheritance (Provision for Family and Dependants) Act 1975
Jurisdiction: England and Wales
This case cites:
- Cited – Kemmis v Kemmis (Welland and Others Intervening) CA 1988 ([1988] 1 WLR 1307, [1988] 2 FLR 223)
H had mortgaged the matrimonial home to release funds to support his lifestyle. The bank knew about the family circumstances and the mortgage was set aside at first instance. W applied to have the charge set aside.
Held: The application . . - Cited – Morrow v Morrow 1995 ([1995] NIJB 46)
While it may be uncommon, the fact that a claimant stands to inherit whatever may fall into the actual death estate does not preclude an order being made under sections 10 and 2 in her favour. . . - Cited – Hamlin v Hamlin CA 1986 ([1986] Fam 11)
A plaintiff under the 1975 Act must show as against each defendant that where that defendant is out of the jurisdiction that the order for payment would be enforceable in the foreign land. . . - Cited – AC v DC and Others (Financial Remedy: Effect of S37 Avoidance Order) (No 1) FD 19-Jul-2012 (, [2012] EWHC 2032 (Fam), [2013] 2 FLR 1483)
The effect of an order under section 37 is to annul or ‘avoid’ the transaction under attack. Moreover, the bad intention to defeat the principal ancillary relief claim is presumed for transactions done within the three year period before the . . - Cited – Swain v Hillman CA 21-Oct-1999 (Times 04-Nov-99, [2001] 1 All ER 91, [2001] CP Rep 16, [2000] PIQR 51, [1999] CPLR 779, , [1999] EWCA Civ 3053)
The proper test for whether an action should be struck out under the new Rules was whether it had a realistic as opposed to a fanciful prospect of success. There was no justification for further attempts to explain the meaning of what are clear . . - Cited – Tanfern Ltd v Cameron-MacDonald, Cameron-MacDonald CA 12-May-2000 (Times 17-May-00, Gazette 15-Jun-00, , [2000] 1 WLR 1311, [2000] EWCA Civ 152, [2000] 2 All ER 801, , [2000] EWCA Civ 3023)
The court gave detailed guidance on the application of the new procedures on civil appeals in private law cases introduced on May 2. Appeals from a County Court District Judge’s final decision in a multi-track case could now go straight to the Court . . - Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 23-Mar-2001 (Times 23-Mar-01, , , , [2001] 2 All ER 513, [2001] UKHL 16, [2000] 2 WLR 1220, [2003] 2 AC 1, [2001] Lloyds Rep Bank 125, (2001) 3 LGLR 36)
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . . - Cited – Easyair Ltd (T/A Openair) v Opal Telecom Ltd ChD 2-Mar-2009 (, [2009] EWHC 339 (Ch))
The court considered an application for summary judgment.
Held: Lewison J set out the principles: ‘the court must be careful before giving summary judgment on a claim. The correct approach on applications by defendants is, in my judgment, as . . - Cited – NLW v ARC FD 13-Jan-2012 (, [2012] EWHC 55 (Fam), [2012] 2 FLR 129)
The former wife sought leave to appeal against an ancillary relief order made by consent. The husband did not attend.
Held: The new rules intended to align family procedures with the CPR as applies for appeals to the Court of appeal. ‘The test . . - Cited – Wyatt v Vince SC 11-Mar-2015 (, [2015] UKSC 14, [2015] 1 FLR 972, [2015] 1 WLR 1228, [2015] Fam Law 524, [2015] 1 FCR 566, [2015] 2 All ER 755, [2015] WLR(D) 124, , UKSC 2013/0186, , , )
The parties had divorced some 22 years before, but no ancillary relief order had been made to satisfy the application outlined in the petition. The parties when together had lived in relative poverty, but H had subsequently become wealthy. W applied . .
These lists may be incomplete.
Last Update: 09 October 2020; Ref: scu.545893 br>
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