Wickham v Riley & Ors

Wickham v Riley & Ors

The applicant had capacity at the time of discontinuance; the discontinuance was valid and effective. CPR 38.7 and Section 4 of the 1975 Act provide discretion to permit reissue of claim after limitation period. Given applicant's vulnerability, lack of remedy if permission is refused, and arguable merits, permission is granted to reissue proceedings despite prejudice and delay.

Parties
Applicant: Alexander William Charles Wickham; Respondent: William Reginald Conduit Riley; Respondent: Robert Paul Sibley; Respondent: Matthew John Wickham; Respondent: Penny-Ann Wickham; Respondent: Lisa Joanne Wickham
Jurisdiction
England and Wales
Judgment Date
25 November 2020
Procedural Posture
Inheritance Claim Under the Inheritance (provision for Family and Dependants) Act 1975 / Judgment on Procedural Issues, Including Discontinuance and Permission to Reissue Claim
Outcome
Permission granted to applicant to reissue claim under the Inheritance (Provision for Family and Dependants) Act 1975 despite expiry of limitation period.
Legal Topics
Inheritance Claims, Discontinuance of Proceedings, Litigation Capacity, Extension of Limitation Period, Case Management
Family Law Probate Civil Procedure Inheritance Claims Discontinuance of Proceedings Litigation Capacity Extension of Limitation Period Case Management

Case Brief

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Parties

Alexander William Charles Wickham

Applicant

William Reginald Conduit Riley

Respondent

Robert Paul Sibley

Respondent

Matthew John Wickham

Respondent

Penny-Ann Wickham

Respondent

Lisa Joanne Wickham

Respondent

Procedural Posture

Inheritance Claim Under the Inheritance (provision for Family and Dependants) Act 1975 / Judgment on Procedural Issues, Including Discontinuance and Permission to Reissue Claim

Legal Issues

  1. 1 Whether the applicant had litigation capacity at the time of discontinuance
  2. 2 Whether the discontinuance was valid
  3. 3 Whether the applicant can withdraw discontinuance

Ratio Decidendi

The applicant had capacity at the time of discontinuance; the discontinuance was valid and effective. CPR 38.7 and Section 4 of the 1975 Act provide discretion to permit reissue of claim after limitation period. Given applicant's vulnerability, lack of remedy if permission is refused, and arguable merits, permission is granted to reissue proceedings despite prejudice and delay.

Court Disposition

Permission granted to applicant to reissue claim under the Inheritance (Provision for Family and Dependants) Act 1975 despite expiry of limitation period.

Orders

  • Permission to reissue claim granted to applicant
  • Case management directions to be given for reissue and further applications