Amos v Mancini & Ors [2020] EWHC 1063 (Ch) (30 April 2020)

Amos v Mancini & Ors [2020] EWHC 1063 (Ch) (30 April 2020)

The forfeiture rule applies to convictions for causing death by careless driving, but in this case, justice requires modification of the rule under section 2 of the Forfeiture Act 1982, allowing Mrs Amos to inherit her husband's share in their home and the gift under his will, as her culpability was limited and the loss would be disproportionate.

Citation
[2020] EWHC 1063 (Ch)
Parties
Claimant: Sandra Anna Amos; Defendant: Beverly Mancini; Defendant: Sulliman Khan; Defendant: Nikki Mancini
Jurisdiction
England and Wales
Judgment Date
30 April 2020
Procedural Posture
Probate/property Trusts / Judgment After Hearing on Application for Declaration and Modification Under Forfeiture Act 1982
Outcome
Claim allowed; forfeiture rule modified under section 2 Forfeiture Act 1982.
Legal Topics
Forfeiture Rule, Unlawful Killing, Modification of Forfeiture, Inheritance, Causing Death by Careless Driving
Probate Property Criminal Law Forfeiture Rule Unlawful Killing Modification of Forfeiture Inheritance Causing Death by Careless Driving

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Parties

Sandra Anna Amos

Claimant

Beverly Mancini

Defendant

Sulliman Khan

Defendant

Nikki Mancini

Defendant

Procedural Posture

Probate/property Trusts / Judgment After Hearing on Application for Declaration and Modification Under Forfeiture Act 1982

Legal Issues

  1. 1 Does the forfeiture rule apply to a conviction for causing death by careless driving under s.2B Road Traffic Act 1988?
  2. 2 Should the effect of the forfeiture rule be modified under s.2 Forfeiture Act 1982 given the circumstances?

Ratio Decidendi

The forfeiture rule applies to convictions for causing death by careless driving, but in this case, justice requires modification of the rule under section 2 of the Forfeiture Act 1982, allowing Mrs Amos to inherit her husband's share in their home and the gift under his will, as her culpability was limited and the loss would be disproportionate.

Court Disposition

Claim allowed; forfeiture rule modified under section 2 Forfeiture Act 1982.

Orders

  • Mrs Amos permitted to inherit her husband's interest in Pant y Bas and the gift under his will.
  • Counsel to submit draft minute of order within 7 days of handing down.