Stoutt v Radford [2002] EWCA Civ 1654 (1 November 2002)

Stoutt v Radford [2002] EWCA Civ 1654 (1 November 2002)

The applicant failed to demonstrate on the balance of probabilities that the signatures on the 1999 will were not genuine. The trial judge's findings of fact, supported by expert evidence and witness testimony, are not susceptible to challenge on appeal.

Citation
[2002] EWCA Civ 1654
Parties
Claimant/respondent: Terrence Roy Stoutt; Defendant/applicant: Anne Bertha Radford
Jurisdiction
England and Wales
Judgment Date
01 November 2002
Procedural Posture
Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Validity of Will, Forgery, Expert Evidence, Procedural Irregularity
Probate Civil Procedure Validity of Will Forgery Expert Evidence Procedural Irregularity

Case Brief

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Parties

Terrence Roy Stoutt

Claimant/respondent

Anne Bertha Radford

Defendant/applicant

Procedural Posture

Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the 1999 will was forged
  2. 2 Whether procedural irregularity occurred due to refusal of adjournment
  3. 3 Whether expert evidence supports forgery claim

Ratio Decidendi

The applicant failed to demonstrate on the balance of probabilities that the signatures on the 1999 will were not genuine. The trial judge's findings of fact, supported by expert evidence and witness testimony, are not susceptible to challenge on appeal.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application for permission to appeal dismissed