Irish & Anor, Re Presumption of Death Act 2013 [2020] EWHC 456 (Ch) (28 February 2020)

The court has jurisdiction under paragraph 5(2) of Schedule 1 to the Presumption of Death Act 2013 to direct the Registrar General to correct an error in the Register of Presumed Deaths, and the application may be made in the original proceedings without a new originating process.

Citation: [2020] EWHC 456 (Ch)
Parties: Claimant: Ruth Helen Irish; Claimant: David Roger Irish
Jurisdiction: England and Wales
Judgment Date: 28 February 2020
Procedural Posture: Presumption of Death Application / Application to Amend Prescribed Information in Order
Outcome: Application granted
Legal Topics: Presumption of Death, Correction of Court Orders, Register of Presumed Deaths

Probate Property Trusts Civil Procedure Presumption of Death Correction of Court Orders Register of Presumed Deaths

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 1

Parties

Ruth Helen Irish

Claimant

David Roger Irish

Claimant

Procedural Posture

Presumption of Death Application / Application to Amend Prescribed Information in Order

Legal Issues

1 Whether the court can amend the prescribed information (date of birth) in the Schedule attached to a declaration of presumption of death order
2 Whether the error in the date of birth affects the validity of the declaration of presumption of death
3 Jurisdiction to correct errors in the Register of Presumed Deaths

Ratio Decidendi

Court Disposition

Application granted

Orders

Order under paragraph 5(2) of Schedule 1 to the Presumption of Death Act 2013 directing the Registrar General to correct the Register of Presumed Deaths to reflect the correct year of birth (1940) for Leslie Roger Irish