Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

14 SEP 2012

Family Provision: what is the trouble with modern 1975 Act disputes?

Andrew Francis:

This article looks at three recent and important decisions under the Inheritance etc. Act 1975; namely, Ilott v Mitson, Iqbal v Ahmed (both Court of Appeal 2011) and Lilleyman v Lilleyman (Briggs J, Chancery Division, 2012).

It analyses the three decisions from the perspective of what can be learnt from them and in particular what is and is not relevant when advising on the merits of 1975 Act claims, and in appeals in that jurisdiction, and whether for claimant or defendant.

The article analyses the proper way to look at the 1975 Act and the cases on it and the need to avoid advising on a false basis, usually derived from what is not in that Act or the cases.  It also focuses on the most important aspect of costs, costs protection and Part 36 offers.  The unfortunate costs outcome for the Claimant in Llleyman is demonstrated from the figures in that case.

The articles is written by the principal author of "Inheritance Act Claims, Law Practice and Procedure" (Jordans) who as a practising barrister in this field, can shed real light on what does and does not matter in these claims when in Court.

Family Court Practice, The

(Red Book)

Pre-order the 2018 edition due out in May

More Info from £498.00
Available in Lexis®Library
Female Genital Mutilation

Female Genital Mutilation

Law and Practice

Covers the law, practice and procedure in respect of FGM and also includes wider contextual...