Hirachand (“Re H”) in the Court of Appeal - via Zoom - 20 October 5pm

Hirachand (“Re H”) in the CoA: radical and important changes to the litigation of cases under the Inheritance Act 1975
A webinar by Oliver Ingham, Counsel for the Appellant - Wednesday 20 October 5pm to 5:45pm

The Court of Appeal's judgment in Hirachand v Hirachand is the most important decision in the area of the Inheritance Act 1975 since the Supreme Court heard Illot v Mitson in 2017. The Judgment of King LJ is a tour de force of many previously controversial and contentious issues surrounding the recovery of CFA Uplifts, the unique and potentially puzzling costs regime insofar as the 1975 Act is concerned, and the consequences of debarring Orders against beneficiaries/defendants who do not properly engage with a Claim under the 1975 Act (among others).

With the handing down of judgment in this matter on 15 October 2021 (having originally been intended for hand down on 8 October 2021), it is clear that the decision has the potential to fundamentally change the nature of advice that solicitors must necessarily now give to clients who choose to embark (on either side) upon a Claim under the Inheritance Act 1975.

3PB Chancery barrister Oliver Ingham, Junior Counsel for the Appellant (led by Brie Stephens-Hoare QC) in Hirachand, will lead a 45 minutes talk on Zoom on Wednesday 20 October and cover the following topics. The session will be introduced by Head of Probate Lydia Pemberton.

1. What new advice now needs to be given to clients litigating 1975 Act Claims (both at the outset, and during the claims)?
2. Recovering a claimant’s CFA uplift from the estate: when and how should this be done?
3. Is a new approach to ADR in 1975 Act Claims now required?
4. What new procedural steps now need to be undertaken when issuing and litigating 1975 Act Claims?
5. What does the case mean for the definition of "maintenance"?
6. What does it mean to be "debarred from defending" a 1975 Act Claim (or any Civil Claim generally)?
7. What are the limits of Hirachand insofar as the claimant is concerned (e.g. will recovery of uplifts on interim applications or appeal costs be permitted?)

Time will be set aside for questions and answers. Feel free to submit any questions in advance when registering on Zoom.