Seals & Anor v Williams

Seals & Anor v Williams

The court has jurisdiction and it is part of the judicial function to conduct Early Neutral Evaluation in Inheritance Act proceedings when requested by the parties, as it furthers the overriding objective and assists in dispute resolution.

Parties
Claimant: Robert Seals; Claimant: Andrew Seals; Defendant: Florence Anne Williams
Jurisdiction
England and Wales
Judgment Date
15 May 2015
Procedural Posture
Inheritance Act Proceedings / Early Neutral Evaluation Directions
Outcome
Order made as agreed for Early Neutral Evaluation directions.
Legal Topics
Inheritance Act Claims, Early Neutral Evaluation, Judicial Function, Case Management
Succession Law Civil Procedure Inheritance Act Claims Early Neutral Evaluation Judicial Function Case Management

Case Brief

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Parties

Robert Seals

Claimant

Andrew Seals

Claimant

Florence Anne Williams

Defendant

Procedural Posture

Inheritance Act Proceedings / Early Neutral Evaluation Directions

Legal Issues

  1. 1 Whether the court can conduct Early Neutral Evaluation in Inheritance Act proceedings
  2. 2 Jurisdictional basis for Early Neutral Evaluation in civil litigation

Ratio Decidendi

The court has jurisdiction and it is part of the judicial function to conduct Early Neutral Evaluation in Inheritance Act proceedings when requested by the parties, as it furthers the overriding objective and assists in dispute resolution.

Court Disposition

Order made as agreed for Early Neutral Evaluation directions.

Orders

  • Early Neutral Evaluation to be conducted by a High Court judge.
  • Settlement Judge to make non-binding recommendations and state short reasons.