Richards & Anor v Morgan [2001] EWCA Civ 1592 (18 October, 2001)

Richards & Anor v Morgan [2001] EWCA Civ 1592 (18 October, 2001)

The absence of judicial reasoning and apparent failure to consider the defendant's evidence or hold a hearing in contentious probate proceedings constituted a procedural irregularity; the matter should be remitted for proper consideration.

Citation
[2001] EWCA Civ 1592
Parties
Claimant/respondent: Neil Aston Richards; Claimant/respondent: David Geoffrey Lewis; Defendant/applicant: Anthony Ernest Briant Morgan
Jurisdiction
England and Wales
Procedural Posture
Probate Proceedings (contentious) / Application for Permission to Appeal (court of Appeal)
Outcome
Application for permission to appeal adjourned for on notice hearing; appeal to follow if permission granted.
Legal Topics
Testamentary Capacity, Admission of Will to Probate, Procedural Fairness, Summary Judgment in Probate, Default Judgment in Probate
Probate Civil Procedure Testamentary Capacity Admission of Will to Probate Procedural Fairness Summary Judgment in Probate Default Judgment in Probate

Case Brief

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Parties

Neil Aston Richards

Claimant/respondent

David Geoffrey Lewis

Claimant/respondent

Anthony Ernest Briant Morgan

Defendant/applicant

Procedural Posture

Probate Proceedings (contentious) / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the will of 22 June 1994 should be admitted to probate in solemn form
  2. 2 Whether the judge erred by proceeding without considering the defendant's evidence or holding a hearing
  3. 3 Whether procedural requirements under the Civil Procedure Rules for contentious probate were followed

Ratio Decidendi

The absence of judicial reasoning and apparent failure to consider the defendant's evidence or hold a hearing in contentious probate proceedings constituted a procedural irregularity; the matter should be remitted for proper consideration.

Court Disposition

Application for permission to appeal adjourned for on notice hearing; appeal to follow if permission granted.

Orders

  • Application for permission to appeal adjourned to an on notice hearing before a two-judge court with a time estimate of one hour.
  • If permission is granted, the appeal will be heard immediately thereafter.