Chadwick v Collinson & Ors [2014] EWHC 3055 (Ch) (24 September 2014)

Chadwick v Collinson & Ors [2014] EWHC 3055 (Ch) (24 September 2014)

The Forfeiture Rule applies to all cases of manslaughter, including those by diminished responsibility, and on the facts, the claimant's culpability, though reduced by mental illness, was not so low as to make application of the Rule contrary to public interest; the justice of the case does not require modification of the Rule under section 2(2) of the Forfeiture Act 1982.

Citation
[2014] EWHC 3055 (Ch)
Parties
Claimant: Paul Chadwick; First Defendant (executor of Lisa Jane Clay Deceased): Anthony Rickards Collinson; Second Defendant (executor of Lisa Jane Clay Deceased): Peter Jan Bujakowski; Third Defendant (representing Herself and All Those Interested on the Intestacy of Lisa Jane Clay Deceased): Greta Squires
Jurisdiction
England and Wales
Judgment Date
24 September 2014
Procedural Posture
Chancery Division Civil Claim / Trial Judgment
Outcome
Claim dismissed
Legal Topics
Forfeiture Rule, Unlawful Killing, Manslaughter, Diminished Responsibility, Intestacy, Modification of Forfeiture Rule, Mental Health and Capacity
Probate Trusts and Estates Criminal Law Forfeiture Rule Unlawful Killing Manslaughter Diminished Responsibility Intestacy +2 more

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Parties

Paul Chadwick

Claimant

Anthony Rickards Collinson

First Defendant (executor of Lisa Jane Clay Deceased)

Peter Jan Bujakowski

Second Defendant (executor of Lisa Jane Clay Deceased)

Greta Squires

Third Defendant (representing Herself and All Those Interested on the Intestacy of Lisa Jane Clay Deceased)

Procedural Posture

Chancery Division Civil Claim / Trial Judgment

Legal Issues

  1. 1 Does the Forfeiture Rule apply to manslaughter by reason of diminished responsibility?
  2. 2 Should the court modify the effect of the Forfeiture Rule under section 2(2) of the Forfeiture Act 1982 in this case?

Ratio Decidendi

The Forfeiture Rule applies to all cases of manslaughter, including those by diminished responsibility, and on the facts, the claimant's culpability, though reduced by mental illness, was not so low as to make application of the Rule contrary to public interest; the justice of the case does not require modification of the Rule under section 2(2) of the Forfeiture Act 1982.

Court Disposition

Claim dismissed

Orders

  • The Forfeiture Rule applies; the claimant is precluded from inheriting under the deceased's will or by survivorship; the estate is to be distributed according to the Intestacy Rules.