The forfeiture rule does not preclude Mr W from receiving the whole or part of the additional pension referable to his late wife. Citations: [2020] UKUT 155 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits Updated: 07 December 2022; Ref: scu.651827
The claimant sought a declaration as to whether the forfeiture rule applies to her and if so, applies for modification of the effect of that rule under section 2 of the Forfeiture Act 1982 Citations: [2020] EWHC 1063 (Ch) Links: Bailii Jurisdiction: England and Wales Wills and Probate Updated: 27 November 2022; Ref: scu.650746
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
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
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
Judges: Marsh CM Citations: [2019] EWHC 2430 (Ch) Links: Bailii Statutes: Forfeiture Act 1982 1(2) Jurisdiction: England and Wales Wills and Probate, Torts – Other Updated: 31 August 2022; Ref: scu.642624
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
The claimant had been convicted of the manslaughter of his wife. He now applied for relief agsinst forfeiture of his share of her estate. He was elderly and had suffered some mental impairment after a stroke, which might have led him to misjudge his wife’s attack on him and to overreact. Held: ‘it is not … Continue reading Mack v Lockwood and Others: ChD 19 Jun 2009
A wife had pleaded guilty to the manslaughter of her husband, though she had been subject to long term abuse by him. Held: Relief was granted to the wife under s.2(2) of the 1982 Act. The forfeiture rule for suicide operates to sever any joint tenancy on the death. The rule applied in a case … Continue reading In Re K, decd: ChD 2 Jan 1985
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
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
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
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
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
A woman had killed her husband, but been convicted of manslaughter rather than murder on grounds of diminished responsibility. A hospital order was made under the Mental Health Act 1959. It was argued that in these circumstances the forfeiture rule should not apply. Held: The court rejected any attempt to limit the common law rule … Continue reading In re Giles Deceased: 1972
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
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
Two women parties used funds generated by a joint business venture to buy a house in which they lived together. It was vested in the sole name of the plaintiff but on the understanding that they were joint beneficial owners. The purpose of the arrangement was so that false benefit claims could be made to … Continue reading Tinsley v Milligan: HL 28 Jun 1993
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
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
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
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
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
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
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
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
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
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
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
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
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The Plaintiff had stabbed his wife to death while acting under a delusion induced by a reaction to a drug that he had been prescribed. Held: Public policy did not require in every case of the manslaughter of a spouse that the forfeiture rule must be applied. The court should exercise a discretion after careful … Continue reading Re H (Deceased): 1990
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
The wife who had been subjected to years of abuse shot her violent husband dead in the course of an argument, when a loaded shotgun she had picked up and pointed at him as a threat to deter him from offering her further violence went off . .
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
A husband had accidentally shot and killed his wife’s lover after threatening him with a shotgun. Held: The court confirmed the decision at first instance. He was not liable to be indemnified by his insurers for the losses claimed against him by the deceased’s estate as a result of the shooting. It is not every … Continue reading Gray v Barr: CA 1971
The defendant had used a shotgun to threaten a man and the gun had accidentally gone off and killed him. The issue was whether the defendant could recover in respect of his liability under a policy of insurance. . Held: The rule of public policy that a criminal should forfeit any interest in a benefit … Continue reading Gray v Barr: ChD 1970
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
The Plaintiff had stabbed his wife to death when under the illusion, induced by a reaction to an anti-depressant drug, that she had just committed an act of infidelity. At his trial, a plea to guilty of manslaughter by reason of diminished responsibility was accepted. A hospital order was made and the trial judge expressed … Continue reading Re H deceased: CA 1991
A lease had been forfeited for non payment of rent. The lessor then took proceedings for possession. The tenant claimed that the action was invalid because a receiving order had been made against him in the meantime. Held: The Court rejected the tenant’s contention on the ground that the claim for possession was not a … Continue reading Ezekiel v Orakpo: CA 1977
(New South Wales) The court explained the application of the forfeiture rules in cases involving murder. Historically: ‘In a time of attainder, forfeiture, and common exaction of the death penalty following conviction for murder, the niceties of the civil property claims of the perpetrator of a homicide tended to be given less prominence. The abolition … Continue reading Troja v Troja: 1994
The court considred the application of the Act: ‘ such was the deliberate nature of his violent attack on his wife that the forfeiture rule of public policy applies so as to disentitle the plaintiff from any benefit he would otherwise take as a result of his crime.’ Citations: [1996] 1WLR 325 Statutes: Forfeiture Act … Continue reading Re S deceased: 1996
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
A man named Julian Hall kept a woman named Jeannie Baxter and had made a will in her favour. They had had many quarrels. He had promised to marry her but had not done so. On April 13, 1913, she took his revolver and, whilst he was in bed, shot him dead with four or … Continue reading Hall v Knight and Baxter: CA 1914
Major Beresford had shot himself. The court considered the applicability of the forfeiture rule in a case involving a suicide: ‘suicide when sane is by English law a felony. This has been so from very early times. The law is thus succinctly stated by Stephen in his Digest of the Criminal Law (art. 319): ‘A … Continue reading Beresford v Royal Insurance Co Ltd: CA 1937
The court was asked whether insurance pursuant to the Road Traffic Act 1960 would provide valid cover for the benefit of a third party injured by deliberately criminal conduct on the part of the driver. Held: Diplock LJ said: ‘The rule of law on which the major premise is based – ex turpi causa non … Continue reading Hardy v Motor Insurers’ Bureau: CA 1964
The court considerd an application under the 1975 Act where the claimant had been convicted of the manslaughter of her husband with a finding of diminished responsibility, and was the sole beneficiary under his will. The Forfeiture Act 1982 was not yet in effect. Held: The claim was struck out as disclosing no reasonable cause … Continue reading In re Royce (Deceased): 1985
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
The wife sought to claim under the 1975 Act despite having been convicted of her husband’s manslaughter from diminished responsibility. She was the sole beneficiary under his will but was precluded by her conviction from taking any benefit under the will. Held: Her claim under the 1975 Act was struck out as disclosing no reasonable … Continue reading Re Royse (Deceased): CA 1985
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
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