Wickham v Riley [2020] EWHC 3711 (Fam)

Capacity to discontinue proceedings (1) When the claimant served notice of discontinuance of this Inheritance (Provision for Family and Dependants) Act 1975 claim he had capacity to do so, and was not subject to duress or undue influence, so the notice was effective. (2) The court gave permission to issue a second set of proceedings notwithstanding the expiry of the limitation period (one factor being that the decision to discontinue was not a decision taken by a commercial entity after careful consideration but was the almost-certainly unwise decision of a vulnerable just 18 year old under the influence of and on the advice of his mother who was his primary carer).

Publication

Published on Bailii on 30/1/21.

CASES DATABASE

Full judgment: BAILII

Subject(s):

  • Other capacity cases🔍

Date: 25/11/20🔍

Court: High Court (Family Division)🔍

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Published: 30/1/21 22:28

Cached: 2021-04-16 16:34:50