Matthews v Matthews & Anor [2018] EWHC 906 (Fam) (11 April 2018)

Matthews v Matthews & Anor [2018] EWHC 906 (Fam) (11 April 2018)

The hearing was adjourned because of unresolved ambiguity regarding the estate's assets, failure of solicitors to properly notify their application to come off the record, and concerns about Delroy Matthews' capacity to represent himself. The case was transferred to the county court for further directions and determination.

Citation
[2018] EWHC 906 (Fam)
Parties
Claimant: Vivia Matthews; First Respondent: Delroy Steven Matthews; Second Respondent: Nigel Matthews; Former Solicitors for Respondents: Armstrong & Co (Imran Khawaja)
Jurisdiction
England and Wales
Judgment Date
11 April 2018
Procedural Posture
Inheritance (provision for Family and Dependants) Act 1975 Application / Adjournment of Final Substantive Hearing; Transfer to County Court
Outcome
Adjourned; transferred to Central London County Court for directions hearing.
Legal Topics
Inheritance Act Claims, Provision for Dependants, Mental Capacity, Solicitor Withdrawal, Case Management, Mediation
Family Law Probate Civil Procedure Inheritance Act Claims Provision for Dependants Mental Capacity Solicitor Withdrawal Case Management +1 more

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Parties

Vivia Matthews

Claimant

Delroy Steven Matthews

First Respondent

Nigel Matthews

Second Respondent

Armstrong & Co (Imran Khawaja)

Former Solicitors for Respondents

Procedural Posture

Inheritance (provision for Family and Dependants) Act 1975 Application / Adjournment of Final Substantive Hearing; Transfer to County Court

Legal Issues

  1. 1 Whether the deceased's estate includes a share in the Comerford Road property
  2. 2 Whether the claimant is entitled to reasonable financial provision from the estate
  3. 3 Whether Delroy Matthews has capacity to represent himself

Ratio Decidendi

The hearing was adjourned because of unresolved ambiguity regarding the estate's assets, failure of solicitors to properly notify their application to come off the record, and concerns about Delroy Matthews' capacity to represent himself. The case was transferred to the county court for further directions and determination.

Court Disposition

Adjourned; transferred to Central London County Court for directions hearing.

Orders

  • Proceedings transferred to Central London County Court for allocation to a circuit or district judge.
  • Directions hearing to consider Armstrong & Co's application to come off the record, with proper notice to both respondents.