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19 September 2014
Issue: 7622 / Categories: Case law , Law digest , In Court
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Family provision

Lim (an infant) v Walia [2014] EWCA Civ 1076, [2014] All ER (D) 55 (Aug)

A woman had died from terminal illness and her husband had received a payment under the life insurance policy that they held. However, they were in the process of divorcing at the time of her death and she had had a child with another partner. The child issued proceedings under the Inheritance (Provision for Family and Dependents) Act 1975. A preliminary issue was determined which held that immediately before her death, the deceased had been entitled to a joint tenancy of the right under the life policy to benefit from her assumed terminal illness. The Court of Appeal, Civil Division, held that although there had been a severable interest in the policy immediately prior to the deceased’s death, it had had a nil value because the benefit had been dependent upon an appropriate claim having been made and, as no claim had been made, there had been no value to be treated as part of the estate.

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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