Nield-Moir v Freeman

Nield-Moir v Freeman

The court has inherent jurisdiction to direct a party to provide a saliva sample for DNA testing to resolve parentage in probate proceedings, and such an order is justified and proportionate under Article 8 ECHR given the minimal invasiveness and the importance of accurate inheritance determination.

Parties
Claimant/applicant: Janice Elizabeth Nield-Moir; Defendant/respondent: Lorraine Karen Freeman
Jurisdiction
England and Wales
Judgment Date
21 February 2018
Procedural Posture
Probate Dispute / Interlocutory Application Ruling
Outcome
Application granted
Legal Topics
Parentage Determination, DNA Testing, Inheritance Rights, Self Dealing, Human Rights
Probate Property Trusts Family Law Parentage Determination DNA Testing Inheritance Rights Self Dealing Human Rights

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Parties

Janice Elizabeth Nield-Moir

Claimant/applicant

Lorraine Karen Freeman

Defendant/respondent

Procedural Posture

Probate Dispute / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the court can direct a party to submit to DNA testing to establish parentage in probate proceedings
  2. 2 Whether such an order violates human rights, specifically Article 8 of the European Convention on Human Rights
  3. 3 Whether the evidence from DNA testing is sufficiently accurate for the purpose

Ratio Decidendi

The court has inherent jurisdiction to direct a party to provide a saliva sample for DNA testing to resolve parentage in probate proceedings, and such an order is justified and proportionate under Article 8 ECHR given the minimal invasiveness and the importance of accurate inheritance determination.

Court Disposition

Application granted

Orders

  • The respondent is directed to provide a saliva sample by mouth swab to Dr Syndercombe-Court within 28 days for DNA testing.
  • If the respondent fails to comply, the court may draw an adverse inference against her at trial.