Ruth Helen Irish v No Defendant
| Jurisdiction | England & Wales |
| Judge | Paul Matthews |
| Judgment Date | 27 September 2019 |
| Neutral Citation | [2019] EWHC 2508 (Ch) |
| Docket Number | Case No: PT-2019-BRS-000060 |
| Court | Chancery Division |
| Date | 27 September 2019 |
[2019] EWHC 2508 (Ch)
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS IN BRISTOL
PROPERTY TRUSTS AND PROBATE LIST (ChD)
Bristol Civil Justice Centre
2 Redcliff Street, Bristol, BS1 6GR
HHJ Paul Matthews
(sitting as a Judge of the High Court)
Case No: PT-2019-BRS-000060
In the matter of Leslie Roger Irish
And in the matter of the Presumption of Death Act 2013
Matthew Wales (instructed by Gilbert Stephens LLP) for the Claimants
Hearing dates: 23 September 2019
Approved Judgment
I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.
This short judgment concerns a procedural issue which arose in a claim under the Presumption of Death Act 2013. On 25 October 2016 Leslie Roger Irish disappeared from his home at Heavitree in Exeter, Devon. Two days later his car was found parked by the coast at Branscombe Beach, also in Devon, and his rucksack was found on a nearby beach. He – or his body – has never been found, and all inquiries since then have drawn a complete blank. On 23 July 2019 the claimants, the two adult children of Mr Irish, issued this claim under Part 8 of the Civil Procedure Rules for a declaration that he is presumed to have died.
The procedure for such a claim is governed by CPR rules 57.17 to 57.23 and Practice Direction 57B. Paragraph 1.4 of the practice direction requires that “a claim … for a declaration of presumed death … must be listed for case management directions” within certain time limits. The purpose of this directions hearing is at least twofold. First, it enables the court to check that all the requirements of the Act and the relevant CPR have been complied with. Second, if (whether as a result of the notifications of the proceedings or the advertisement in the press) any person does come forward wishing to intervene in the claim, the court can give directions as to filing and service of evidence, and any other relevant matters connected with the intervention.
In this case, the compulsory directions hearing was listed for 23 September 2019. At that hearing, the claimants appeared by counsel and solicitors (although they were also present personally in court). It was apparent from the papers that all the persons who should be notified of the claim had been so notified and that advertisement had taken place in a local newspaper. (In fact, because of problems with the electronic issue of the claim, the notifications and advertisement were slightly out of time, and I extended time accordingly under the court's case management powers.) No one had come forward in response to indicate a wish or intention to intervene in the proceedings, and those who had responded were content for the declaration...
To continue reading
Request your trial
-
Ruth Helen Irish v No Defendant
...as handed down may be treated as authentic. Paul Matthews HHJ Introduction 1 Last autumn, in the case of Re Leslie Roger Irish [2019] EWHC 2508 (Ch), I made a declaration of presumption of death, dated 23 September 2019, under the Presumption of Death Act 2013. This is my judgment on an ap......
-
CD
...in Chancery Division in London where many cases are listed for a disposal hearing as the first hearing of the claim. In Irish [2019] EWHC 2508 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) determined that it was open to the court exercising its case management powers under CPR 3.1......