Bahouse & Anr v Negus

Bahouse & Anr v Negus

The judge correctly directed himself on the law and facts, properly considered the claimant's lifestyle with the deceased in assessing maintenance, and made a justified award within the discretion allowed by the 1975 Act. There was no error of law or principle, and no real prospect of success on appeal.

Parties
Appellant: Bahouse & Anr; Respondent: Negus
Jurisdiction
England and Wales
Judgment Date
28 February 2008
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Inheritance (provision for Family and Dependants) Act, Maintenance, Cohabitee Claims, Reasonable Financial Provision
Succession Law Family Law Inheritance (provision for Family and Dependants) Act Maintenance Cohabitee Claims Reasonable Financial Provision

Case Brief

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Parties

Bahouse & Anr

Appellant

Negus

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in law or principle in awarding maintenance to the claimant under the Inheritance (Provision for Family and Dependants) Act 1975
  2. 2 Whether the judge was wrong to take into account the claimant's previous lifestyle with the deceased in assessing reasonable maintenance

Ratio Decidendi

The judge correctly directed himself on the law and facts, properly considered the claimant's lifestyle with the deceased in assessing maintenance, and made a justified award within the discretion allowed by the 1975 Act. There was no error of law or principle, and no real prospect of success on appeal.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal dismissed