Re Salmon, decd.; Coard v National Westminster Bank Ltd
| Jurisdiction | England & Wales |
| Date | 1980 |
| Year | 1980 |
| Court | Chancery Division |
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63 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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The Estate of Neil Douglas Archibald deceased v Alistair James Stewart
...various factors set out in Berger v Berger [2014] WTLR 35 at [44], themselves distilled from earlier decisions of the court in Re Salmon [1981] Ch 167 and Re Dennis [1981] 2 All ER 140, as follows:- “ (1) The court's discretion is unfettered but must be exercised judicially in accordance ......
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Pittalis v Sherefettin
... ... DIVISION) ON APPEAL FROM THE WESTMINSTER COUNTY COURT (HIS HONOUR JUDGE MARTIN) ... (with whose reasons Salmon L.J. agreed) said, at the top of page 64 of the ... ...
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2 firm's commentaries
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High Court Refuses Permission To Bring Out Of Time Application Under Section 4 Of The Inheritance (Provision For Family And Dependants) Act 1975 In Hendry v Hendry & Pertiwi [2019] EWHC 1976 (Ch)
...a claim almost 26 years out of time. He considered that the correct approach was to follow the guidelines set out in Re Salmon (Deceased) [1981] Ch 167 and Berger v Berger. The Chief Master was critical of drawing in the overriding objective or the relief from sanctions principles to a subs......
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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......
3 books & journal articles
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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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Claims under the Inheritance (Provision for Family and Dependants) Act 1975
...some guidance on the factors which the court is likely to take into account. In Re Salmon (Deceased); Coard v National Westminster Bank [1981] Ch 167, Megarry VC set out the following principles: (a) The discretion is unfettered and one that is exercised judicially in accordance with what i......