Imogen Smalley successful in securing the strike out of a claim for a financial provision in an estate valued at approximately £445,000.00 net
Imogen Smalley was recently briefed to represent the Defendants in a claim brought against them for a reasonable financial provision from their late father’s estate, brought under Section 1(1A) of the Inheritance (Provision for Family and Dependents) Act 1975. The Defendants applied to strike out the claim for various failures to comply with court orders, pursuant to CPR r.3.4(2)(c). Imogen also argued that the claim was demonstrably vexatious, relying upon CPR r.3.4(2)(a).
Imogen had previously secured a stringent ‘Unless’ Order against the Claimant in January 2026, and on this occasion went on to have the claim struck out in its entirety for failures to comply with the requirements of the ‘Unless’ Order. Imogen therefore relied upon CPR r.3.8 and CPR r.3.5 as the starting point, being that the claim was already struck out.
Imogen secured the outcome despite unannounced factual responses to the Application during the hearing, which purported there to have been (out of time) attempts to comply with the ‘Unless’ Order.
Having accepted tenancy after pupillage at Cornwall Street Barristers six months ago, Imogen is establishing her practice in probate, TOLATA, property, and contract disputes. If you would like to instruct her, please contact the Civil Clerks https://cornwallstreet.co.uk/contact-us/