Re Bramwell (Deceased) and Campbell v Tobin and Another: FD 1988

The court considered the effect on an ancillary relief claim where one pary died: ‘In these circumstances, in my judgment, it is clear – as has been recognized and acknowledged without recorded dissent for over 40 years – that in matrimonial proceedings a claim for financial provision neither gives rise to nor becomes a ’cause of action’ within s. 1(1) of the 1934 Act unless an order has been made in respect of it before the death of the deceased: until such an order has been made, therefore, in remains a mere hope or contingency which survives neither against nor for the benefit of the deceased’s estate.’

Judges:

Sheldon J

Citations:

[1988] 2 FLR 263

Jurisdiction:

England and Wales

Cited by:

CitedHarb v King Fahd Bin Abdul Aziz and Another CA 9-Nov-2005
The wife sought to continue her claim for ancillary relief despite the death of her husband, the former King of Saudi Arabia.
Held: The court’s jurisdiction over the King had been challenged. However the claimants claim now abated on the death . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 30 April 2022; Ref: scu.235893