Johnson v No Named Defendant [2020] EWHC 207 (Ch) (06 February 2020)

Johnson v No Named Defendant [2020] EWHC 207 (Ch) (06 February 2020)

The court, satisfied on the balance of probabilities that Norman Reginald Johnson is dead but unable to determine the exact date of death, must declare the presumed death at the end of the period of uncertainty, which is the date and time of the hearing, as required by section 2(3) of the Presumption of Death Act 2013.

Citation
[2020] EWHC 207 (Ch)
Parties
Claimant: Ronald Philip Johnson; Missing Person: Norman Reginald Johnson
Jurisdiction
England and Wales
Judgment Date
06 February 2020
Procedural Posture
Presumption of Death Act 2013 Application / Final Hearing
Outcome
Declaration of presumed death granted.
Legal Topics
Presumption of Death, Date of Death Determination, Intestacy, Joint Tenancy, Civil Partnership
Probate Property Trusts Presumption of Death Date of Death Determination Intestacy Joint Tenancy Civil Partnership

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Ronald Philip Johnson

Claimant

Norman Reginald Johnson

Missing Person

Procedural Posture

Presumption of Death Act 2013 Application / Final Hearing

Legal Issues

  1. 1 Whether Norman Reginald Johnson is to be presumed dead under the Presumption of Death Act 2013
  2. 2 Determination of the date and time of presumed death under section 2 of the Act

Ratio Decidendi

The court, satisfied on the balance of probabilities that Norman Reginald Johnson is dead but unable to determine the exact date of death, must declare the presumed death at the end of the period of uncertainty, which is the date and time of the hearing, as required by section 2(3) of the Presumption of Death Act 2013.

Court Disposition

Declaration of presumed death granted.

Orders

  • Declaration that Norman Reginald Johnson is presumed to have died at 11:30 AM on 5 February 2020.