Denekamp v Denekamp

Denekamp v Denekamp

The appellant's claims are statute barred as he knew all material facts necessary to bring his claim; ignorance of the law is not a ground for extending limitation. The deed of variation stands, and the remaining claims are without merit. The civil restraint order and dismissal of contempt proceedings were justified...

Source-derived case information.

Parties
Appellant: John Charles Denekamp; Respondent: Mabel Denekamp; Respondent: Johan Denekamp; Respondent: Mr Vaughan
Jurisdiction
England and Wales
Judgment Date
08 December 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal dismissed
Legal Topics
Limitation of Actions, Deed of Variation, Civil Restraint Orders, Contempt of Court
Civil Procedure Succession Law Professional Negligence Limitation of Actions Deed of Variation Civil Restraint Orders Contempt of Court

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Charles Denekamp

Appellant

Mabel Denekamp

Respondent

Johan Denekamp

Respondent

Mr Vaughan

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the appellant's claims are statute barred under the Limitation Act 1980
  2. 2 Whether the deed of variation can be annulled due to alleged negligence and concealment
  3. 3 Whether the civil restraint order was properly made

Ratio Decidendi

The appellant's claims are statute barred as he knew all material facts necessary to bring his claim; ignorance of the law is not a ground for extending limitation. The deed of variation stands, and the remaining claims are without merit. The civil restraint order and dismissal of contempt proceedings were justified and not plainly wrong.

Court Disposition

application for permission to appeal dismissed

Orders

  • Application for permission to appeal against the order of 30th September dismissed
  • Application for permission to appeal against the civil restraint order dismissed