D v L & Ors

D v L & Ors

The forfeiture rule applies to all cases of unlawful killing, including manslaughter by reason of diminished responsibility. The court found that the claimant had abused his position, exploited the deceased, and was morally culpable. The interests of justice did not require modification of the forfeiture rule, and relief was refused.

Parties
Claimant: D. D.; Defendant: J. M. L.; Defendant: S. R. N.; Defendant: P. G. P.; Defendant: J. S.; Defendant: A. M.; Defendant: D. M.; Defendant: G. K.; Defendant: J. R.
Jurisdiction
England and Wales
Judgment Date
16 April 2003
Procedural Posture
Probate / Succession / Judgment After Trial
Outcome
Application for relief from forfeiture refused
Legal Topics
Forfeiture Rule, Unlawful Killing, Relief From Forfeiture, Manslaughter by Diminished Responsibility
Succession Criminal Law Forfeiture Rule Unlawful Killing Relief From Forfeiture Manslaughter by Diminished Responsibility

Case Brief

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Parties

D. D.

Claimant

J. M. L.

Defendant

S. R. N.

Defendant

P. G. P.

Defendant

J. S.

Defendant

A. M.

Defendant

D. M.

Defendant

G. K.

Defendant

J. R.

Defendant

Procedural Posture

Probate / Succession / Judgment After Trial

Legal Issues

  1. 1 Does the forfeiture rule under the Forfeiture Act 1982 apply to manslaughter by reason of diminished responsibility?
  2. 2 Should the court exercise its discretion under the Forfeiture Act 1982 to grant relief from forfeiture to the claimant?

Ratio Decidendi

The forfeiture rule applies to all cases of unlawful killing, including manslaughter by reason of diminished responsibility. The court found that the claimant had abused his position, exploited the deceased, and was morally culpable. The interests of justice did not require modification of the forfeiture rule, and relief was refused.

Court Disposition

Application for relief from forfeiture refused

Orders

  • Relief from forfeiture under the Forfeiture Act 1982 is refused.