Constance McDonnell QC examines the year’s most notable 1975 Act decisions
- The use of standstill agreements to prevent a claim having to be issued within six months of a grant of representation.
- The quantification of claims where medical costs are a principal financial need.
- Applications for interim relief.
2019 has been something of a momentous year so far for practitioners who deal with claims under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975), with the decision of Mostyn J in Cowan v Foreman [2019] EWHC 349 (Fam) casting doubt over the widely-used practice of ‘standstill agreements’ so as to prevent a claim having to be issued within six months of a grant of representation and to facilitate settlement discussions. The expedited decision of the Court of Appeal in that case should do much to settle concerns about continued use of such agreements, and has clarified the court’s approach to late claims. There has also been some helpful guidance from the court about the quantification of claims
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