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22 March 2024 / Andrew Wilkinson
Issue: 8064 / Categories: Features , Profession , Wills & Probate , Family
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Success story? A case with far-reaching inheritance implications

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While we await the Supreme Court judgment in Hirachand v Hirachand, Andrew Wilkinson analyses the case and its implications on inheritance—for lawyers, families and the third sector
  • The case of Hirachand v Hirachand turns on the specific issue of the success fee. The final judgment could reshape the funding of inheritance disputes, with far-reaching repercussions.

On the 18 January 2024, the Supreme Court heard arguments in the case of Hirachand v Hirachand, one of very few cases ever to be heard by the Supreme Court in relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975. The decision, which we are still awaiting at the date of writing, is significant for a large number of cases and could lead to a broader change in the costs regime surrounding claims under the Act.

Hirachand v Hirachand has been years in the making, arising from a 2020 ruling in an inheritance dispute over the will of Navinchandra Hirachand between Nalini, his wife, and Sheila,

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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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