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28 March 2019 / Scott Taylor
Issue: 7834 / Categories: Features , Wills & Probate
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Limitation: back on track?

Scott Taylor considers the appropriate use of ‘standstill’ agreements in claims for financial provision

  • Bhusate v Patel and Cowan v Foreman: the facts; reconciling the judgments; and the implications of the cases.

In Bhusate v Patel [2019] EWHC 470 (Ch) Mrs B, the claimant, was the widow of the deceased who died intestate on 28 April 1990. She was Mr Bhusate’s third wife. Together they had one child. Mr Bhusate had had five children with his first wife who were aged between 54 and 72 at the time of the hearing and relations between four of those children and the claimant were not good as they objected to her receiving anything from their father’s estate, which they regarded as belonging to their mother who had died some years previously.

The estate

The estate was limited, with the main asset being the house (valued at £850,000) and around £1,500 in bank accounts. The claimant and the second eldest of the deceased’s children (with whom the claimant enjoyed a reasonably supportive relationship)

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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