Challen v Challen & Anor (Rev 1) [2020] EWHC 1330 (Ch) (27 May 2020)

Challen v Challen & Anor (Rev 1) [2020] EWHC 1330 (Ch) (27 May 2020)

The forfeiture rule applies to the claimant's conviction for manslaughter by reason of diminished responsibility, but the justice of the case, considering the claimant's psychiatric illness, long-term coercive control by the deceased, and the support of the deceased's sons, requires full relief from the forfeiture rule. The application was made in time, as the relevant conviction date is the date of sentence.

Citation
[2020] EWHC 1330 (Ch)
Parties
Claimant: Georgina Sarah Ann Louise Challen; Defendant: James Challen; Defendant: David Challen
Jurisdiction
England and Wales
Judgment Date
27 May 2020
Procedural Posture
Claim Under Forfeiture Act 1982 (cpr Part 8) / Judgment After Hearing on Application for Relief From Forfeiture Rule
Outcome
Relief from the forfeiture rule granted; claimant entitled to inherit as if the rule did not apply.
Legal Topics
Forfeiture Rule, Unlawful Killing and Inheritance, Relief From Forfeiture, Manslaughter by Reason of Diminished Responsibility, Interpretation of Forfeiture Act 1982, Timing of Applications Under Forfeiture Act
Probate Trusts and Estates Criminal Law Forfeiture Rule Unlawful Killing and Inheritance Relief From Forfeiture Manslaughter by Reason of Diminished Responsibility Interpretation of Forfeiture Act 1982 +1 more

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Parties

Georgina Sarah Ann Louise Challen

Claimant

James Challen

Defendant

David Challen

Defendant

Procedural Posture

Claim Under Forfeiture Act 1982 (cpr Part 8) / Judgment After Hearing on Application for Relief From Forfeiture Rule

Legal Issues

  1. 1 Whether the forfeiture rule applies to the claimant's conviction for manslaughter by reason of diminished responsibility
  2. 2 Whether the application for relief under the Forfeiture Act 1982 was made in time
  3. 3 Whether the justice of the case requires modification of the forfeiture rule

Ratio Decidendi

The forfeiture rule applies to the claimant's conviction for manslaughter by reason of diminished responsibility, but the justice of the case, considering the claimant's psychiatric illness, long-term coercive control by the deceased, and the support of the deceased's sons, requires full relief from the forfeiture rule. The application was made in time, as the relevant conviction date is the date of sentence.

Court Disposition

Relief from the forfeiture rule granted; claimant entitled to inherit as if the rule did not apply.

Orders

  • The forfeiture rule is fully disapplied in respect of the claimant's entitlement to the deceased's estate.