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Setting things straight

07 August 2015 / Henrietta Mason , Paola Fudakowska
Issue: 7664 / Categories: Features , Wills & Probate
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Henrietta Mason & Paola Fudakowska return with a wills & probate update

The tabloids picked up on the case of Dellal v Dellal [2015] EWHC 907 (Fam), [2015] All ER (D) 43 (Apr), involving the estate of high rolling gambler Jack Dellal and his former beauty queen wife. The case deals with procedural questions and is a useful reminder of the differences between, and principles of, applications for summary judgment and strike out. So what can practitioners learn from it?

Lessons from Dellal

In Dellal , the court refused to strike out or determine by summary judgment the claimant widow’s claim for provision from the deemed net estate of her husband under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act).

Mr Dellal was a very wealthy property tycoon, listed in The Sunday Times Rich List as worth around £445m in the year he died and (tabloid reports would have it) prone to gambling away £1m in a single night in the casinos of Mayfair and Monaco.

He died in 2012,

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NEWS
Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
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