Event
Losing Counsel seminar - Jennison v Jennison and another in the Court of Appeal
15 March 2023 | Applicable law: England and Wales
The seminar will discuss resealing a foreign grant and when it is required, the standing to bring a claim in England and the scope of the Court's power to remedy errors.We are delighted to welcome Philip Stear of Outer Temple Chambers to review the Court of Appeal's recent decision in Jennison v Jennison.
Graham Jennison died in Australia in 2007. Almost 12 years later his widow issued a breach of trust claim in England against her brother-in-law (and his wife) in relation to land near Sheffield. A New South Wales grant of probate had issued in 2008 to the widow. But it was more than seven months after she commenced the breach of trust claim that it was resealed under the Colonial Probates Act 1892. The Defendants sought to strike the claim out saying she had no standing as, on their case, the reseal had no retrospective effect. They failed before the District Judge, and in the High Court, before going to the Court of Appeal. The Court of Appeal heard argument about the 1892 Act's predecessors, relevance of resealing, the impact of law of domicile, and the rule in Chetty v Chetty.
Philip Stear appeared in the Court of Appeal for the defendants/appellants. He will assess the judicial reasoning and lessons to be learned.
Registration will start at 12.45pm, with the seminar starting at 1pm.
If you would like to attend, please RSVP here
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