Irish & Anor, Re

Irish & Anor, Re

Where all statutory requirements are fulfilled, no one seeks to intervene, and the matter is ready for disposal, the court may exercise its case management powers to proceed immediately from a directions hearing to a disposal hearing and make the declaration sought.

Parties
Claimant: Ruth Helen Irish; Claimant: David Roger Irish; Defendant: No Defendant
Jurisdiction
England and Wales
Judgment Date
27 September 2019
Procedural Posture
Presumption of Death Application / Directions Hearing and Disposal
Outcome
Declaration of presumed death granted
Legal Topics
Presumption of Death, Case Management, Directions Hearing
Civil Procedure Probate Presumption of Death Case Management Directions Hearing

Case Brief

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Parties

Ruth Helen Irish

Claimant

David Roger Irish

Claimant

No Defendant

Defendant

Procedural Posture

Presumption of Death Application / Directions Hearing and Disposal

Legal Issues

  1. 1 Whether the court can proceed from a directions hearing to a disposal hearing in a Presumption of Death Act 2013 claim when all requirements are met and no one seeks to intervene

Ratio Decidendi

Where all statutory requirements are fulfilled, no one seeks to intervene, and the matter is ready for disposal, the court may exercise its case management powers to proceed immediately from a directions hearing to a disposal hearing and make the declaration sought.

Court Disposition

Declaration of presumed death granted

Orders

  • Declaration that Leslie Roger Irish is presumed to have died