Amos v Mancini & Ors

Amos v Mancini & Ors

The forfeiture rule applies to a conviction for causing death by careless driving, but in the circumstances of this case, justice requires modification of the rule to allow Mrs Amos to inherit her husband's share in their home and the gift under his will, as her culpability was low and the loss would be disproportionate.

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/inheritance / Judgment After Contested Application
Outcome
Application granted; forfeiture rule modified.
Legal Topics
Forfeiture Rule, Unlawful Killing, Modification of Forfeiture, Inheritance Rights, Causing Death by Careless Driving
Succession Probate Criminal Law Forfeiture Rule Unlawful Killing Modification of Forfeiture Inheritance Rights 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/inheritance / Judgment After Contested Application

Legal Issues

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

Ratio Decidendi

The forfeiture rule applies to a conviction for causing death by careless driving, but in the circumstances of this case, justice requires modification of the rule to allow Mrs Amos to inherit her husband's share in their home and the gift under his will, as her culpability was low and the loss would be disproportionate.

Court Disposition

Application granted; forfeiture rule modified.

Orders

  • The forfeiture rule is modified to allow Mrs Amos to take her husband's interest in Pant y Bas and inherit the gift under his will.
  • Ms Davies to submit a draft minute of order within 7 days of handing down.