The WLR Daily case summaries
[2021] WLR(D) 534
Court of Appeal
Hirachand v Hirachand and another
[2021] EWCA Civ 1498
2021 June 29;
Oct 15
Oct 15
King, Singh LJJ, Sir Patrick Elias
Family provision— Child— Estranged adult daughter— Deceased father making no testamentary provision for estranged daughter— Daughter claiming failure to make “reasonable financial provision”— Judge awarding daughter lump sum payable out of estate including contribution towards daughter’s liability to pay conditional fee agreement success fee— Whether wrong in law to include such contribution in maintenance-based award calculated by reference to financial need—
Inheritance (Provision for Family and Dependants) Act 1975 (c 63), s 3(1)(a)
—
Courts and Legal Services Act 1990 (c 41), s 58A(6)
Practice— Case management— Attendance of debarred party— Profoundly deaf party breaching multiple orders to file acknowledgment of service and evidence— Party subsequently debarred from participating in proceedings— Debarred party profoundly deaf and only able to understand proceedings through written notes provided by care worker— Whether debarred party effectively denied access to trial— Whether obligation on court to manage attendance of debarred party