Court of Appeal Acts to Save Entrenched Litigants From Themselves
1st November, 2019The 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...