Source: All England Reporter
Publisher Citation: [2002] All ER (D) 392 (Jul)
Court: Chancery Division

Sir Andrew Morrit V-C

Representation The claimant did not appear and was not represented.
  Frank Hinks QC (instructed by Harbottle & Lewis) for the trustee.
Judgment Dates: 25 July 2002


Intestacy - Appropriation by personal representative - Surviving spouse - Spouse as sole personal representative appropriating deceased's copyrights in literary works - Personal representative transferring assets of estate to trustees on settlement - Claimant alleging trustee in breach of duties under trust - Trustee applying for summary judgment - Whether claimant having real prospect of succeeding on claim - s 41(3).

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