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When a court is asked which of several people may be appointed administrator of a deceased’s estate section 116 jurisdiction is capable of being engaged. Judges: Patten J Citations: [2008] EWHC 844 (Ch) Statutes: Senior Courts Act 1981 116 Jurisdiction: England and Wales Cited by: Cited – Anstey v Mundle and Another ChD 25-Feb-2016 The … Continue reading Scotching v Birch: ChD 2008
Part 8 claim seeking the removal of the defendant as executor under s. 50 of the Administration of Justice Act 1985, alternatively that he be passed over as executor pursuant to s.116 of the Senior Courts Act 1981. . .
The deceased had been born in Jamaica, but had lived in the UK for many years. The parties, before a grant in the estate of the deceased, disputed whether he should be buried in England or returned to Jamaica for burial. Held: Having considered the factors as set out in Hartshorne, an order was to … Continue reading Anstey v Mundle and Another: ChD 25 Feb 2016
Costs against third party funder – limited to value of claim – No Judges: Snowden J Citations: [2019] EWHC 997 (Ch), [2019] WLR(D) 238 Links: Bailii, WLRD Statutes: Senior Courts Act 1981 51(1) Jurisdiction: England and Wales Costs Updated: 28 June 2022; Ref: scu.636132
The judge had concluded that the insurers’ conduct of an unsuccessful defence was sufficiently self-motivated to make it the real defendant in all but name, and the Court of Appeal dismissed the appeal against an order that it be liable in costs as a third party. Judges: Lord Justice Rimer Citations: [2008] EWCA Civ 46, … Continue reading Palmer v The Estate of Kevin Palmer Deceased and others: CA 6 Feb 2008
References: [1993] 2 Lloyd’s Rep 68 Coram: Cresswell J Ratio:Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following: 1. Expert evidence presented to the Court should be, and should be seen to be, the independent product of the … Continue reading National Justice Compania Naviera S A v Prudential Assurance Company Ltd (‘The Ikarian Reefer’): 1993
References: [1993] 2 Lloyd’s Rep 68 Coram: Cresswell J Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following: 1. Expert evidence presented to the Court should be, and should be seen to be, the independent product of the … Continue reading National Justice Compania Naviera S A v Prudential Assurance Company Ltd (The Ikarian Reefer”): 1993″