Re Salmon, decd.; Coard v National Westminster Bank Ltd
| Jurisdiction | England & Wales |
| Date | 1980 |
| Year | 1980 |
| Court | Chancery Division |
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58 cases
- Re Dennis, decd
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S1 v R (P)1 & R (P)2
...(UK) INHERITANCE (PROVISIONS FOR FAMILY & DEPENDANTS) ACT 1975 S23 (UK) SUCCESSION ACT 1965 S62 SALMON (DECEASED), IN RE 1980 3 AER 352 1980 3 WLR 748 1981 CH 167 JOHNSON (PAUL ANTHONY) (DECEASED) 1987 CLY 3882 B (D) v MIN FOR HEALTH & HEPATITIS C COMPENSATION TRIBUNAL 2003 3 IR 12 2003/4/......
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Mrs Mary Cowan v Mr Martin Foreman (as executor of the estate of Michael Cowan and as trustee of the Business Property Trust and the Residuary Trust in the Will of Michael Cowan Dated 24 March 2016 (the “Will”) and as trustee of the Michael Cowan Foundation (the “Foundation”)
...Black LJ in Berger v Berger [2013] EWCA Civ 1305 and, in particular, the seven considerations listed therein (as derived from Re Salmon [1981] Ch 167 and Re Dennis [1981] 2 All ER 140). They are: “(1) The court's discretion is unfettered but must be exercised judicially in accordance with w......
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Berger v Berger
...formulation of the correct approach to such an application. He distilled what he called "the following propositions" from Re Salmon [1981] Ch 167 and Re Dennis [1981] 2 All ER 140: "(1) The court's discretion is unfettered but must be exercised judicially in accordance with what is right an......
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1 firm's commentaries
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The Inheritance (Provision For Family And Dependants) Act 1975 ("The Act") ' Time To Bring A Claim?
...a Claimant, the importance of a detailed examination of the criteria above (arising from Berger v Berger [2013] EWCA Civ 1305, Re Salmon [1981] Ch 167 and Re Dennis [1981] 2 All ER 140] cannot be Specialist and expert advice should always be taken at the earliest opportunity to prevent your......
5 books & journal articles
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Table of Cases
...224 St Clair v King and Farrell [2022] EWHC 40 (Ch), [2022] WTLR 703 208, 306 Salmon (Deceased), Re; Coard v National Westminster Bank [1981] Ch 167, [1980] 3 WLR 748, [1980] 3 All ER 532 44–5, 48, 50, 54, 55 Santos v Santos [1972] Fam 247, [1972] 2 WLR 889, [1972] 2 All ER 246, CA 85 Sarge......
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Table of Cases
...v Robinson and Others [2015] EWHC 3442 (Ch), [2017] WTLR 299 13, 15–16, 121 Salmon (Deceased), Re; Coard v National Westminster Bank Ltd [1981] Ch 167, [1980] 3 WLR 748, [1980] 3 All ER 532, 124 Sol Jo 813, ChD 126, 130, 187 Sangha v Sangha and Others [2021] EWHC 1599 (Ch), [2021] 6 WLUK 21......
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Rectification
...1975, and applied the guidelines set out by Megarry VC in the leading case of Re Salmon (Deceased); Coard v National Westminster Bank [1981] Ch 167. These are: (a) The discretion is unfettered and one that is exercised judicially in accordance with what is just and proper. (b) The onus lies......
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Time Limits
...case which gives such guidance and which has been consistently followed is Re Salmon (Deceased), Coard v National Westminster Bank [1981] Ch 167. The principles formulated by Megarry VC in his judgment in Re Salmon (Deceased), Coard v National Westminster Bank (applied in Berger v Berger [2......
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