fbpx

Court of Appeal Acts to Save Entrenched Litigants From Themselves

1st November 2019 By Arman Khosravi

The whole purpose of the civil justice system is to achieve just and final resolution of frequently intractable disputes – and, as a guideline Court of Appeal decision in an inheritance case made plain, that includes saving litigants from themselves by encouraging them to settle their differences.

The case concerned a widow’s claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision from her husband’s estate. The executor of the estate resisted her claim and opposed a judge’s suggestion that a procedure be adopted whereby the opposing arguments would be submitted to an early neutral evaluation (ENE). Given the executor’s refusal of consent to that course being taken, the judge took the view that she had no power to order an ENE hearing.

In upholding the widow’s appeal against that decision, the Court noted that in many cases – particularly financial relief proceedings in divorce, inheritance disputes and boundary rows between neighbours – the parties are resistant, or even hostile, to any suggestion that their dispute might be resolved by agreement. In such cases, the ENE procedure has a proven track record as an invaluable means of focusing minds on the possibility of settlement.

The Court found that, on a true interpretation of the relevant procedure rule, the judge was not required to obtain the consent of either party before ordering an ENE hearing. Directing that such a hearing take place as soon as possible, the Court noted that it would not involve any material obstruction of or constraint on the executor’s access to justice and had the potential to save substantial legal costs.

Source: Concious

Latest News

Tenants Can Purchase Freehold When Landlord Cannot Be Found

11th June, 2024 By

The Leasehold Reform, Housing and Urban Development Act 1993 gives qualifying leaseholders the right to join together to buy the freehold of their properties – a process known as collective enfranchisement. A recent case demonstrated that this right can be exercised even when the landlord cannot be found. The leaseholders of two flats in a terraced house wished to purchase it from the landlord, but were unable to ascertain his whereabouts and therefore could not serve notice on him under Section 13 of the Act. They therefore applied for an...

Court Refuses to Set Aside Divorce Order Applied for by Mistake

6th June, 2024 By

While the courts have a range of powers to set aside orders, they will only exercise them in limited circumstances. In a somewhat surprising case that has attracted much comment, the High Court declined to set aside a final order of divorce that had been applied for by mistake. A couple separated in January 2023, after more than 21 years of marriage. In October that year, while financial remedy proceedings were still ongoing, the wife's legal representatives inadvertently applied for a final order of divorce in respect of her instead...

Waiting Time for Grants of Probate Falls

3rd June, 2024 By

Following concerns last year about delays in processing probate applications, recent figures from HM Courts and Tribunals Service show that waiting times for grants of probate are continuing to improve. The average time from submission of a probate application to probate being granted fell to 11.3 weeks in March 2024, a decrease from 13.7 weeks in February and 13.8 weeks in January. This is the lowest figure since March 2023, when the average was 10.8 weeks. The longest waiting time since then was in November, at 15.8 weeks: that month,...

Late Appeal Against Tax Penalties Rejected

31st May, 2024 By

It is incumbent on taxpayers to make sure they fully comply with their obligations to file returns and pay any tax due. The point was illustrated by a recent case in which a taxpayer whose return had not been received by HM Revenue and Customs (HMRC) failed to persuade the First-tier Tribunal (FTT) that he should be permitted to appeal against the resulting penalties. On the evening of 31 January 2014, the man had completed his 2012/13 Income Tax return on HMRC's website. Shortly afterwards he went to Cyprus, and...