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Family provision claim permitted out of time following earlier discontinuance (Wickham v Riley)

Family provision claim permitted out of time following earlier discontinuance (Wickham v Riley)
Published on: 09 February 2021
Published by: LexisPSL
  • Family provision claim permitted out of time following earlier discontinuance (Wickham v Riley)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Private Client analysis: Alexander Wickham (Alexander) had issued a claim against his late father’s estate for an award of reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). A settlement was agreed in principle, however he later discontinued his claim at the instigation of his mother, one of the defendants. Alexander then changed his mind and sought the court’s permission to bring a further claim out of time, pursuant to CPR 38.7. Mr Justice Williams took account of previous cases where the court has considered an application for permission to bring an I(PFD)A 1975 claim out of time. Having exercised his discretion to allow the claim out of time, he took account of the overriding objective in CPR 1 when granting permission for Alexander to bring a further claim pursuant to CPR 38.7. Written by Alexandra Rogers, managing associate, at Foot Anstey LLP. or take a trial to read the full analysis.

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