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07 August 2015 / Henrietta Mason , Paola Fudakowska
Issue: 7664 / Categories: Features , Wills & Probate
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Setting things straight

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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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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

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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