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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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NEWS
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As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
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