Frain & Anor v Reeves & Anor [2023] EWHC 73 (Ch) (19 January 2023)

Frain & Anor v Reeves & Anor [2023] EWHC 73 (Ch) (19 January 2023)

Permission to commence committal proceedings is refused because the evidence does not establish a strong prima facie case that the Defendants acted knowingly or recklessly in making the false statements. The possibility of innocent error or lack of recollection cannot be excluded, and the public interest does not...

Source-derived case information.

Citation
[2023] EWHC 73 (Ch)
Parties
Claimant: Simon Kevin Frain (aka Simon Kevin Reeves, aka Bill Reeves); Claimant: Mark Ryan McKinnon; Defendant: Louise Michelle Reeves; Defendant: Daniel Curnock
Jurisdiction
England and Wales
Judgment Date
19 January 2023
Procedural Posture
Application for Permission to Commence Committal Proceedings (contempt of Court) / Judgment on Permission Application
Outcome
Permission to commence committal proceedings refused.
Legal Topics
Committal for Contempt, False Statements, Probate Disputes, Disclosure Obligations, Admissibility of Judgments
Civil Procedure Probate Contempt of Court Committal for Contempt False Statements Probate Disputes Disclosure Obligations Admissibility of Judgments

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Parties

Simon Kevin Frain (aka Simon Kevin Reeves, aka Bill Reeves)

Claimant

Mark Ryan McKinnon

Claimant

Louise Michelle Reeves

Defendant

Daniel Curnock

Defendant

Procedural Posture

Application for Permission to Commence Committal Proceedings (contempt of Court) / Judgment on Permission Application

Legal Issues

  1. 1 Whether permission should be granted to commence committal proceedings for contempt of court against Louise Reeves and Daniel Curnock for knowingly making false statements verified by statements of truth in probate proceedings.

Ratio Decidendi

Permission to commence committal proceedings is refused because the evidence does not establish a strong prima facie case that the Defendants acted knowingly or recklessly in making the false statements. The possibility of innocent error or lack of recollection cannot be excluded, and the public interest does not require committal proceedings in these circumstances.

Court Disposition

Permission to commence committal proceedings refused.

Orders

  • Applications for permission to bring committal proceedings against Louise Reeves and Daniel Curnock are dismissed.