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(Un-named) (Forfeiture): SSCS 20 Nov 1997

Commissioners’ jurisdiction – Forfeiture Act 1982 – whether Commissioner able to modify forfeiture of social security benefits in cases of unlawful killing – principles affecting exercise of discretion Citations: [1997] UKSSCSC CG – 14509 – 1996 Links: Bailii Statutes: Forfeiture Act 1982 Jurisdiction: England and Wales Benefits Updated: 15 July 2022; Ref: scu.269087

Attorney-General of New Zealand v Ortiz: CA 2 Jan 1982

The defendant was to sell a Maori carving which had been unlawfully exported from New Zealand. The Attorney General sought its recovery and an injunction to prevent its sale, relying on the Historical Articles Act 1962. The judge had ordered its return. Held: The appeal succeeded. The section could only take effect once forfeiture had … Continue reading Attorney-General of New Zealand v Ortiz: CA 2 Jan 1982

Italmare Shipping v Ocean Tanker Co: CA 1982

The clause disputed by the parties provided: ‘If hire not received when due, Owners to give Charterers 48 hours notice in order to rectify the cause for such delay before exercising their [withdrawal] rights . .’ The owners withdrew the vessel after enquiring about whether hire had been paid, but without any prior warning. Application … Continue reading Italmare Shipping v Ocean Tanker Co: CA 1982

O’Reilly v Mackman: HL 1982

Remission of Sentence is a Privilege not a Right The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time limits. Held: The forfeiture … Continue reading O’Reilly v Mackman: HL 1982

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Chadwick v Collinson and Others: ChD 24 Sep 2014

The deceased and the claimant lived together for about 10 years in an apparently stable and loving relationship. They had a son together. They also co-owned a house (by way of joint tenancy) in which they lived. In April 2013 the claimant was referred by his GP for a mental health assessment after describing feelings … Continue reading Chadwick v Collinson and Others: ChD 24 Sep 2014

D v L and Others: ChD 16 Apr 2003

The claimant had been found guilty of the manslaughter by diminished responsibility of the deceased. He now sought disapplication of the 1982 Act. Held: The application failed: ‘The reforms introduced by the Homicide Act 1957 were designed to preserve certain classes of offender from capital punishment for killings carried out by reason of diminished responsibility … Continue reading D v L and Others: ChD 16 Apr 2003

In re Heather Elizabeth Jones Deceased, Jones v Midland Bank Trust Company Limited; Perry and Others: CA 17 Apr 1997

The will gave the residue of the estate to the testatrix’s son, but if he predeceased her to her nephews. The son was convicted of her murder. The court had to decide whether the gift fell into residue, when the son requested the court to disapply the forfeiture rule. Held: Disentitlement under a will because … Continue reading In re Heather Elizabeth Jones Deceased, Jones v Midland Bank Trust Company Limited; Perry and Others: CA 17 Apr 1997

In Re K: CA 1986

The court dismissed the appeal against the exercise of discretion by Vinelott J at first instance. After hearing a detailed argument as to why the Judge had not properly exercised his discretion in making a modification order which applied to all the interest accruing to a widow on the death of her husband, Griffiths LJ … Continue reading In Re K: CA 1986

In The Estate of ES (Deceased): UTAA 14 Feb 2022

Forfeiture Act 1982 – Claimant convicted of manslaughter of husband and sentenced to 3 years imprisonment – Whether forfeiture rule applies – Whether forfeiture rule should be modified – Reference to Upper Tribunal by Secretary of State made 30 years after conviction and a year after claimant’s death at age of 92. Citations: [2022] UKUT … Continue reading In The Estate of ES (Deceased): UTAA 14 Feb 2022

Glover v Staffordshire Police Authority: QBD 5 Oct 2006

The appellant challenged refusal of payment to her of her late husband’s police pension after she had been convicted of his manslaughter. Held: The statutory rules were intended to operate alongside the common law rules for forfeiture, and not in substitution for them, and did not work to displace the common law as now expressed … Continue reading Glover v Staffordshire Police Authority: QBD 5 Oct 2006

Ninian v Findlay and Others: ChD 21 Feb 2019

The claimant applied for relief from forfeiture of her rights in hr late husband’s estate. He had killed himself with the assistance of Dignitas in Switzerland and of the claimant. Held: Relief was granted: ‘when considering an application for relief, the decision of the Crown Prosecution Service not to prosecute Mrs Ninian is a powerful … Continue reading Ninian v Findlay and Others: ChD 21 Feb 2019

Henderson v Dorset Healthcare University NHS Foundation Trust: CA 3 Aug 2018

Upon the allegedly negligent release of the claimant from mental health care, she had, while in the midst of a serious psychotic episode, derived from the schizophrenia, killed her mother and been convicted of manslaughter. She now sought damages in negligence. The defendant relied upon a defence of illegality. Held: All the heads of claim … Continue reading Henderson v Dorset Healthcare University NHS Foundation Trust: CA 3 Aug 2018

Land v Land; In re Land, deceased: ChD 13 Jul 2006

The claimant had cared for his elderly mother who ‘shunned any type of ‘officialdom’ including doctors and home helps.’ However, the claimant so neglected her that she suffered severe bed sores which had become infected in consequence of her lying in her own excrement. The claimant had pleaded guilty to manslaughter. The court was asked … Continue reading Land v Land; In re Land, deceased: ChD 13 Jul 2006

Henderson v Wilcox and Others: ChD 3 Dec 2015

The claimant had been convicted of the manslaughter of his mother, and sentenced to be detained for treatment in a mental health hospital. It was thought unlikely he would ever be fit to be released. He would otherwise have inherited under her will. He now sought disapplication of the rule under the 1982 Act. Held: … Continue reading Henderson v Wilcox and Others: ChD 3 Dec 2015

Cg/14509/96: SSC 17 Jun 1998

In certain cases, the normal rule, that benefits which might accrue on the death of another are lost if the claimant caused the death, can be set aside. Manslaughter of violent husband. Gazette 17-Jun-1998 Forfeiture Act 1982 England and Wales Citing: applied – Dunbar (As Administrator of Tony Dunbar Deceased) v Plant CA 23-Jul-1997 The … Continue reading Cg/14509/96: SSC 17 Jun 1998

Challen v Challen and Another: ChD 27 May 2020

Forfeiture rule disapplied after spousal abuse The claimant sought the disapplication of the forfeiture rule. She had been convicted of the manslaughter of her seriously abusive husband. The court considered whether a conviction for murder set aside and replaced with one of manslaughter was a conviction under the 1982 Act, and that the three month … Continue reading Challen v Challen and Another: ChD 27 May 2020

Dunbar (As Administrator of Tony Dunbar Deceased) v Plant: CA 23 Jul 1997

The couple had decided on a suicide pact. They made repeated attempts, resulting in his death. Property had been held in joint names. The deceased’s father asked the court to apply the 1982 Act to disentitle Miss Plant. Held: The appeal was allowed, and relief against forfeiture was given. Mummery LJ said: ‘the presence of … Continue reading Dunbar (As Administrator of Tony Dunbar Deceased) v Plant: CA 23 Jul 1997

In the Estate of Cunigunda Crippen deceased: 1911

Dr Crippen notoriously survived his wife. Between the date of his conviction for her murder and the carrying out of the death sentence passed on him, Dr Crippen made a will naming Ethel Le Neve as the sole executrix and universal beneficiary. Ethel Le Neve was passed over on a motion for the grant of … Continue reading In the Estate of Cunigunda Crippen deceased: 1911

Celestial Aviation Trading 71 Ltd v Paramount Airways Private Ltd: ComC 4 Dec 2009

The claimant sought summary judgment for recovery of three aircraft (valued at US$36m each) leased to the defendant after non-payment of instalments. The defendant said that the default was based on a demand for supplementary rents which had not been invoiced. Held: The agreement provided for the rents to be payable without demand. The other … Continue reading Celestial Aviation Trading 71 Ltd v Paramount Airways Private Ltd: ComC 4 Dec 2009

Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006

The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through the giving of the ‘wrongful undertakings’ Held: The joined party, who had not itself … Continue reading Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006

In re Dagenham (Thames) Dock Co; Ex parte Hulse: CA 1873

The Court of Appeal in chancery heard an appeal from the Master of the Rolls from his refusal of the Master of the Rolls to make a declaration in the winding up of the purchaser company. The purchaser had sought a direction that if the balance of the purchase monies were paid with interest it … Continue reading In re Dagenham (Thames) Dock Co; Ex parte Hulse: CA 1873

Beresford v Royal Insurance Co Ltd: HL 1938

The forfeiture rule was to be applied in a case involving suicide. An insured may not recover under a policy of insurance in respect of loss intentionally caused by his own criminal or tortious act, however clearly the wording of the policy may suggest otherwise, and his personal representative is in no better position: ‘On … Continue reading Beresford v Royal Insurance Co Ltd: HL 1938

Cleaver v Mutual Reserve Fund Life Association: CA 1892

The deceased’s executors objected to his widow maintaining action on a trust created by an insurance policy in her favour under the Act. She had been convicted of his murder. The executors’ case was that ‘it is against public policy to allow a criminal to claim any benefit by virtue of his crime.’ Held: The … Continue reading Cleaver v Mutual Reserve Fund Life Association: CA 1892

Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015

The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015

Yorkshire Bank Finance Ltd v Mulhall and Another: CA 24 Oct 2008

The bank had obtained a judgement against the defendant, and took a charging order. Nothing happened for more than twelve years, and the defendant now argued that the order and debt was discharged. Held: The enforcement of the charging order by normal means is not barred by section 20(1), and unlike the position under a … Continue reading Yorkshire Bank Finance Ltd v Mulhall and Another: CA 24 Oct 2008

Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997

Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997

Regina v Chief National Insurance Commissioner Ex Parte Connor: QBD 1981

The court was asked whether the rule against forfeiture applied so as to disentitle an applicant from receiving a widow’s allowance when she had killed her husband with a knife. She had been held guilty of manslaughter but simply placed on probation. Held: The forfeiture rule does not apply universally to all cases involving a … Continue reading Regina v Chief National Insurance Commissioner Ex Parte Connor: QBD 1981

Fletcher v Leicestershire Constabulary: Admn 1 Nov 2013

The claimant had been called upon to repair an unoccupied flat damaged by fire. He found a metal box containing andpound;18,000 in cash. He took it to the police. He now resisted their assertion that this represented the proceeds of crime and should be forfeited. The former occupants were not suspected of any criminal activity. … Continue reading Fletcher v Leicestershire Constabulary: Admn 1 Nov 2013

Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014

Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014