Claimant v First Defendant & Ors

Claimant v First Defendant & Ors

The conviction under section 115 did not require proof of dishonesty and is not probative of D1's character or relevant to any issue in the probate action; justice can be done without admitting evidence of the spent conviction.

Parties
Claimant: C; First Defendant: D1; Defendants: 9 other Defendants
Jurisdiction
England and Wales
Judgment Date
15 November 2012
Procedural Posture
Probate Action / Interlocutory Applications
Outcome
Claimant's application dismissed; First Defendant's application allowed.
Legal Topics
Admissibility of Spent Convictions, Undue Influence, Knowledge and Approval of Will
Probate Evidence Admissibility of Spent Convictions Undue Influence Knowledge and Approval of Will

Case Brief

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Parties

C

Claimant

D1

First Defendant

9 other Defendants

Defendants

Procedural Posture

Probate Action / Interlocutory Applications

Legal Issues

  1. 1 Whether evidence of D1's spent conviction should be admitted in the probate action
  2. 2 Whether references to the conviction should be redacted from C's witness statement

Ratio Decidendi

The conviction under section 115 did not require proof of dishonesty and is not probative of D1's character or relevant to any issue in the probate action; justice can be done without admitting evidence of the spent conviction.

Court Disposition

Claimant's application dismissed; First Defendant's application allowed.

Orders

  • Evidence of D1's spent conviction not admitted.
  • References to the conviction to be redacted from C's witness statement.