Tachi v Woodward

Tachi v Woodward

The application to amend was allowed because the disclosure of the Dixon Ward file provided a proper explanation for the timing of the application. The proposed amendments had a real prospect of success and were not inherently implausible. The balance of injustice favoured allowing the amendments, despite the need...

Source-derived case information.

Parties
Claimant: Noriko Tachi; Defendant: Conceicao Dos Santos Woodward
Jurisdiction
England and Wales
Judgment Date
28 September 2018
Procedural Posture
Probate Claim / Interlocutory Application for Permission to Amend Pleadings and Serve Further Witness Statements
Outcome
Application allowed
Legal Topics
Amendment of Pleadings, Testamentary Capacity, Undue Influence, Late Applications, Disclosure of Documents
Probate Civil Procedure Amendment of Pleadings Testamentary Capacity Undue Influence Late Applications Disclosure of Documents

Source-derived case record

Summary, issues, holding and outcome

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Parties

Noriko Tachi

Claimant

Conceicao Dos Santos Woodward

Defendant

Procedural Posture

Probate Claim / Interlocutory Application for Permission to Amend Pleadings and Serve Further Witness Statements

Legal Issues

  1. 1 Whether the claimant should be granted permission to amend the Particulars of Claim to include a claim of undue influence and further particulars of lack of testamentary capacity
  2. 2 Whether the claimant should be permitted to serve further witness statements out of time
  3. 3 Whether the lateness of the application is justified

Ratio Decidendi

The application to amend was allowed because the disclosure of the Dixon Ward file provided a proper explanation for the timing of the application. The proposed amendments had a real prospect of success and were not inherently implausible. The balance of injustice favoured allowing the amendments, despite the need to vacate the trial date.

Court Disposition

Application allowed

Orders

  • Permission granted to amend the Particulars of Claim to include a claim of undue influence and further particulars of lack of testamentary capacity
  • Permission granted to serve two further witness statements out of time