MBL Seminar: Claims under the 1975 Act – Disputes, Pitfalls & Traps to Avoid

Speakers: Tara Lyons and Christopher Stead

Date: 11 Oct 2024, 10:00 AM ‐ 4:30 PM

Venue: London

SRA Competency: B

CPD: 5 hours

Level: Intermediate: Requires some prior subject knowledge

Introduction

This new full day in-person course will provide comprehensive guidance on avoiding, limiting, managing, and resolving claims under the Inheritance (Provision for Family and Dependants) Act 1975.

Join Tara Lyons and Christopher Stead of Pump Court Chambers who will explore the most effective ways of concluding disputes successfully, expeditiously and at proportionate cost including the growing range of options for ADR.

What You Will Learn

This course will cover the following:

• Procedure and application of the CPR:
  • Applications before grant
  • Time limits, issue, service, and parties (including the role of the personal representative)
  • CPR Parts 8, 36, and 57
  • Practice Direction on pre-action behaviour and protocols
• Domicile – principles of law and recent cases, including Proles v Kohli and Re Kelley
• Preliminary Matters:
  • Permission to apply out of time, with a review of significant case-law including:
    • Cowan v Foreman
    • Begum v Ahmed
    • Bhusate v Patel
    • Colbourne v Cooke
  • Retrospective severance of joint property under section 9
  • Anti-avoidance and injunctive relief: sections 10-13
• Eligible Claimants and Outcomes:
  • Reasonable Financial Provision – applicable test (Ilott v Blue Cross), relevant factors, and ubiquitous issues such as conduct, non compete clauses and costs
  • A detailed examination of the different classes of applicants and the particular challenges and issues faced by each:
    • Spouses and civil partners: standard of provision, deemed divorce fiction, ‘marital assets’, some recent cases including:
      • Kaur v Bolina; Re Ramus; Paul v Paul
      • Re Singh – expedited process, Family Division
    • Former spouses – sections 14 and 15 and 15A – Chekhov v Fryer
    • Cohabitees – what constitutes ‘living as man and wife’, when are parties ‘living in the same household’? Recent cases considered include Thompson v Raggett
    • Children and step-children – Ilott v Blue Cross considered in detail. Recent cases considered include:
      • Higgins v Morgan
      • Dignam-Thomas v McCourt
      • Lettice v Lettice
      • Re Annan
    • Other Dependants
  • Orders which the Court can make
• ADR and Compromise:
  • ADR Options:
    • Mediation vs Arbitration
    • Early Neutral Evaluation v Financial Dispute Resolution – Lomax v Lomax
    • Sanctions for failure to engage in ADR
    • Mediation tips
  • Compromise – settlement agreements, court orders, protected parties

For pricing information and to book your place, please visit the MBL website here.