Irish & Anor, Re [2019] EWHC 2508 (Ch) (27 September 2019)

Irish & Anor, Re [2019] EWHC 2508 (Ch) (27 September 2019)

Where all statutory requirements have been met, no one seeks to intervene, and the claim is ready for disposal, the court may exercise its case management powers to proceed immediately from a compulsory directions hearing to a disposal hearing in a claim under the Presumption of Death Act 2013.

Citation
[2019] EWHC 2508 (Ch)
Parties
Claimant: Ruth Helen Irish; Claimant: David Roger Irish
Jurisdiction
England and Wales
Judgment Date
27 September 2019
Procedural Posture
Presumption of Death Declaration / Procedural Directions and Disposal Hearing
Outcome
Declaration of presumed death granted
Legal Topics
Presumption of Death, Case Management, Directions Hearing, Disposal Hearing
Civil Procedure Probate Presumption of Death Case Management Directions Hearing Disposal Hearing

Case Brief

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Parties

Ruth Helen Irish

Claimant

David Roger Irish

Claimant

Procedural Posture

Presumption of Death Declaration / Procedural Directions and Disposal Hearing

Legal Issues

  1. 1 Whether the court can proceed immediately from a compulsory directions hearing to a disposal hearing in a claim under the Presumption of Death Act 2013

Ratio Decidendi

Where all statutory requirements have been met, no one seeks to intervene, and the claim is ready for disposal, the court may exercise its case management powers to proceed immediately from a compulsory directions hearing to a disposal hearing in a claim under the Presumption of Death Act 2013.

Court Disposition

Declaration of presumed death granted

Orders

  • Declaration that Leslie Roger Irish is presumed to have died