Chadwick v Collinson & Ors

Chadwick v Collinson & Ors

The Forfeiture Rule applies to manslaughter by reason of diminished responsibility, and the justice of the case does not require modification of its effect given the level of culpability, the nature and gravity of the offence, and the source of the estate.

Parties
Claimant: Paul Chadwick; Defendant: Anthony Rickards Collinson; Defendant: Peter Jan Bujakowski; Defendant: Greta Squires
Jurisdiction
England and Wales
Judgment Date
24 September 2014
Procedural Posture
Civil / Trial
Outcome
Claim dismissed
Legal Topics
Forfeiture Rule, Intestacy, Manslaughter, Diminished Responsibility, Modification of Forfeiture Rule
Succession Criminal Law Property Law Forfeiture Rule Intestacy Manslaughter Diminished Responsibility Modification of Forfeiture Rule

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Parties

Paul Chadwick

Claimant

Anthony Rickards Collinson

Defendant

Peter Jan Bujakowski

Defendant

Greta Squires

Defendant

Procedural Posture

Civil / Trial

Legal Issues

  1. 1 Does the Forfeiture Rule apply to manslaughter by reason of diminished responsibility?
  2. 2 Should the effect of the Forfeiture Rule be modified in this case under Section 2(2) of the Forfeiture Act 1982?

Ratio Decidendi

The Forfeiture Rule applies to manslaughter by reason of diminished responsibility, and the justice of the case does not require modification of its effect given the level of culpability, the nature and gravity of the offence, and the source of the estate.

Court Disposition

Claim dismissed

Orders

  • The Forfeiture Rule applies and is not modified; the estate will be distributed according to intestacy rules.