Upton v National Westminster Bank Plc & Ors

Upton v National Westminster Bank Plc & Ors

No good reason was shown for the substantial delay in seeking to reinstate the application for permission to appeal, and the applicant's arguments on entitlement under the will and human rights grounds were without merit.

Parties
Claimant/applicant: Thomas Everard Hay Upton; First Defendant/respondent: National Westminster Bank PLC; Second Defendant: Richard Tichborne Everard Upton; Third Defendant: Rosalie Jane Prior
Jurisdiction
England and Wales
Judgment Date
14 November 2005
Procedural Posture
Civil Appeal / Application to Reinstate Permission to Appeal Out of Time
Outcome
Application for permission to appeal refused with costs
Legal Topics
Interpretation of Wills, Legitimacy and Adoption Under Trusts, Extension of Time for Appeal, Human Rights Arguments
Trusts and Estates Civil Procedure Interpretation of Wills Legitimacy and Adoption Under Trusts Extension of Time for Appeal Human Rights Arguments

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Everard Hay Upton

Claimant/applicant

National Westminster Bank PLC

First Defendant/respondent

Richard Tichborne Everard Upton

Second Defendant

Rosalie Jane Prior

Third Defendant

Procedural Posture

Civil Appeal / Application to Reinstate Permission to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant is entitled to a share of the trust fund as an illegitimate or adopted child under the terms of the will
  2. 2 Whether time for appeal should be extended and application reinstated
  3. 3 Whether human rights arguments affect the outcome

Ratio Decidendi

No good reason was shown for the substantial delay in seeking to reinstate the application for permission to appeal, and the applicant's arguments on entitlement under the will and human rights grounds were without merit.

Court Disposition

Application for permission to appeal refused with costs

Orders

  • Application to reinstate permission to appeal out of time dismissed
  • Applicant to pay costs