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Brings to mind the phrase hard cases make bad law. Mostyn J was clearly keen to dismiss a claim that was totally without merit by cutting it off at the first opportunity. Which was a good decision in the particular case. However his obiter comments regarding standstill agreements are in my opinion most unhelpful in the context of Inheritance Act claims, where the focus is often on settlement without issuing and frequently require delicate handling due to the emotions involved. This is going to cause a real headache for contentious probate solicitors unless a higher Court is quick to offer alternative guidance. Being forced to issue a claim within a short timescale (6 months from the date of a Grant of Representation) when all interested parties are happy to continue negotiating or fact-finding in accordance with the ACTAPS Code or Practice Direction on Pre-Action Conduct would appear to run contrary to the general direction towards ADR and recourse to litigation as a last resort.

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