Davies & Ors v Morris [2018] EWHC 1901 (Ch) (26 July 2018)

Davies & Ors v Morris [2018] EWHC 1901 (Ch) (26 July 2018)

The claim to set aside the probate judgment for fraud has realistic prospects of success because there is a real danger that the Defendant's dishonest evidence as to the deceased's assets in Belgium could have influenced the outcome of the original proceedings on domicile; the application to strike out or for summary judgment is therefore dismissed.

Citation
[2018] EWHC 1901 (Ch)
Parties
Claimant: Adrian Michael Davies; Claimant: Maria Jozica Davies; Claimant: Adrienne Maria Catherine Mamber; Defendant: Adrian Nicholas Morris
Jurisdiction
England and Wales
Judgment Date
26 July 2018
Procedural Posture
Civil (chancery) / Interlocutory Application to Strike Out or for Summary Judgment
Outcome
Defendant's application to strike out or for summary judgment dismissed; claim to proceed to trial.
Legal Topics
Setting Aside Judgments for Fraud, Domicile in Probate, Summary Judgment, Materiality of Evidence, Witness Credibility
Civil Procedure Probate Fraud Setting Aside Judgments for Fraud Domicile in Probate Summary Judgment Materiality of Evidence Witness Credibility

Case Brief

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Parties

Adrian Michael Davies

Claimant

Maria Jozica Davies

Claimant

Adrienne Maria Catherine Mamber

Claimant

Adrian Nicholas Morris

Defendant

Procedural Posture

Civil (chancery) / Interlocutory Application to Strike Out or for Summary Judgment

Legal Issues

  1. 1 Whether the claim to set aside a probate judgment for fraud has a realistic prospect of success
  2. 2 Whether the Defendant's allegedly dishonest evidence was material to the original judgment on domicile

Ratio Decidendi

The claim to set aside the probate judgment for fraud has realistic prospects of success because there is a real danger that the Defendant's dishonest evidence as to the deceased's assets in Belgium could have influenced the outcome of the original proceedings on domicile; the application to strike out or for summary judgment is therefore dismissed.

Court Disposition

Defendant's application to strike out or for summary judgment dismissed; claim to proceed to trial.

Orders

  • Claim not struck out
  • Summary judgment refused