Inner House rules man who died in 2020 same person as differently named man married by deceased woman in 1991

By Mitchell Skilling

Directions were sought by Janusy Tomala, the executor dative of the late Elizabeth Don, subsequently Tomala or Williams or Grosvenor, and Gillespie Macandrew (Trustees) Ltd, the trustees of a trust in which he held a liferent interest. The deceased died intestate on 3 November 2016 at the age of 91.

The petition was heard by Lord Malcolm, Lord Doherty, and Lord Tyre. Simpson QC appeared on behalf of the petitioners. The Crown was not called.

Same date of birth

The deceased was born on 18 April 1925. In 1991, at the age of 66, following two divorces, she married her third husband, a man who went by the name Joseph Grosvenor. The couple separated two years later but there was no evidence that they had formally divorced each other. By 2010 the deceased was suffering from dementia and incapable of managing her affairs and died domiciled in Scotland.

Mr Grosvenor had been born in 1934 under the name Sidney Collins. It was understood that throughout his life he had used a variety of names including Joseph Gray, Charles Lloyd, Charles Rae, and Joseph Rothschild. In 1994, 1996 and 1997, after the couple separated, Mr Grosvenor through various firms of solicitors attempted to obtain money from Elizabeth.

In 2003 the then trustees of the trust received correspondence, purporting to be from Mr Grosvenor, inquiring as to the nature of his interest in the trust, giving his address as “1A Jane Street, Peterhead”. Although no such place existed, there was a 1A James Street. Agents for the trustees attempted to locate Mr Grosvenor but were unsuccessful.

In 2018, it was discovered that a man named Marc Lawrence, with the same date of birth as Sidney Collins, had been living alone at the Peterhead address in 2003. Mr Lawrence died in 2020, and his death certificate stated his date and place of birth were identical to that of Sidney Collins. A 2011 photograph of Mr Lawrence on a BBC News article bore a resemblance, allowing for ageing, to two photographs taken of Mr Grosvenor in 1991 and 1993.

As the deceased had died intestate and not divorced Mr Grosvenor, he would be entitled to prior and legal rights in her estate. As such, the question for the court was whether the petitioners ought to proceed on the footing that Elizabeth had divorced Mr Grosvenor prior to her death or that Marc Lawrence was Joseph Grosvenor and was, at the time of her death, still married to her.

Striking resemblance

Having determined that the action was competent, in the opinion of the court Lord Tyre began: “[The petitioners submitted that] the 2003 correspondence appeared to have been a continuation of earlier attempts by Mr Grosvenor to obtain money from Elizabeth. If he had survived, it was likely that he would have continued to seek payment, yet nothing had been heard from him since 2003. Subsequent investigations had produced no clear evidence that he was still alive. The evidence that Marc Lawrence was Mr Grosvenor was limited and circumstantial.”

Of this argument, he said: “We are unable to accept this submission. In our opinion the evidence placed before the Court amounts to a compelling case that Marc Lawrence was indeed Mr Grosvenor. The difference in name is of little significance given the number of names used by Mr Grosvenor during his lifetime.”

He continued: “The photograph of Marc Lawrence at the time of his disappearance in 2011 bears what appears to us to be a striking resemblance to the two photographs of Mr Grosvenor as a younger man. We do not regard the absence of continuing contact between Mr Grosvenor/Marc Lawrence and the trustees after 2003 as carrying significant weight, especially when it is recalled that Marc Lawrence suffered from dementia for an unknown period prior to his death.”

Lord Tyre concluded: “We accordingly direct the petitioners that in administering and distributing Elizabeth’s intestate estate or the Wife’s Fund (as the case may be), they should proceed on the footing that Marc Lawrence was Mr Grosvenor/Gray, and that he was, at the date of Elizabeth’s death, still married to her.”

New bill to limit remand and focus on rehabilitation and reintegration

The Bail and Release from Custody (Scotland) Bill will refocus the way remand is used, with an emphasis on remand being reserved for those who pose a risk to public safety, or those who wilfully fail to turn up for their trials meaning justice will not be delivered for victims.

The bill also aims to give a greater focus to the rehabilitation and reintegration of people leaving prison to help them resettle in their communities.

The changes are designed to lead to greater public protection and victim safety and are intended to reduce crime, reoffending and victimisation.

Proposals include the publication of new national standards for support for people leaving prison, ending release on a Friday or the day before a public holiday so people are better able to access support and a new test the court needs to apply when deciding whether to refuse bail and to remand accused persons in custody.

The bill will also enable the provision of information about prisoner release to victims’ organisations to inform the support they provide and will explicitly recognise complainer safety as a specific factor in how the court makes decisions on bail.

Justice Secretary Keith Brown said: “We know that short-term imprisonment in particular disrupts families and communities, adversely affecting health, employment opportunities and housing – the very things that we know prevent reoffending.

“This bill recognises prison will always be necessary for the most serious cases, but we need to look again at how custody is used. The bill sets out proposals which will refocus the use of remand and support the rehabilitation and reintegration of people leaving custody, for example through improved release planning and support.

“This is an important step in the Scottish Government’s commitment to transforming the justice sector and a commitment to refocus how imprisonment is used. We know our approach is working, reconviction rates and recorded crime are at historically low levels.

“I visited HMP Edinburgh to witness the excellent work the Scottish Prison Service is doing to prepare people to return to their communities, including supporting recovery from addiction. The bill aims to build on that excellent work, providing further opportunities to support reintegration.”

Clyde & Co’s Ross Fairweather qualifies as solicitor advocate

Mr Fairweather is an associate in Clyde and Co’s large loss and catastrophic injuries unit in Edinburgh. He acts on behalf of the country’s largest insurance companies, and self-insured companies, specialising in defending a wide range of personal injuries actions, including those arising out of workplace accidents, road traffic accidents and occupiers’ liability.

He has significant experience of representing clients in litigated proceedings in sheriff courts throughout Scotland and has secured a number of notable and reported judgments in his clients’ favour.

He said: “Becoming a solicitor advocate has been an ambition of mine since qualifying as a solicitor almost five years ago. To have now attained this qualification is a tremendous honour. I’m looking forward to working with our clients in Scotland in new ways, supported by the platform at Clyde & Co.”

Vikki Melville, managing partner in Scotland at Clyde & Co, said: “We are immensely proud of Ross for achieving this qualification, especially at a relatively early stage in his career. The success of Ross and our recent partner and legal director promotions serve to underline our support of talent and ability to bring through that talent in Scotland, to the benefit of our clients.”

House prices set to rise despite drop in buyer demand

The outcomes of the May survey indicate that a balance of +15 per cent of respondents expect prices to rise over the next three months. A balance of +76 per cent of respondents reported a rise in residential house prices over the past three months.

Demand is slowing, with a balance of -16 per cent of respondents reporting a fall in new buyer enquiries, which may be impacting optimism in the market with sales expectations for the next three months falling flat.

In terms of stock coming onto the market, a balance of -10 per cent reported a fall in new instructions to sell, indicating that there may be limited supply.

During the month of May, it was reported that sales fell flat, which may be due to the limited stock available and the fall in demand. Looking forward to the next three months, this pattern is expected to continue with sales expectations falling flat.

Philip Lovegrove MRICS of DHKK Limited in Edinburgh said: “The market shows some signs of slowing. Available stock is significantly reduced from this time last year and the margin paid above market value is starting to reduce.”

Ian Morton MRICS from Bradburne and Co in St Andrews added: “The market has started to slow down probably due to economic uncertainty and fear of interest rises later this year. There is a hesitation from sellers coming forward as they cannot find suitable properties to buy due to lack of supply.”

Civil Online users can now submit bigger files

Solicitors can use Civil Online to submit documents for all types of ordinary procedure action and are also able to use the Civil Online API to transfer simple procedure claims directly from their own case management systems.

Ordinary cause documents can be submitted via Civil Online with the exception of initial writs and notices of intention to defend.

Submitting all other parts of process via Civil Online is encouraged, and up to five documents can be submitted at any one time. Each of those documents can be up to 50mb. Any law firm that is interested in having a demonstration or would like to sign up to the service should contact Gary White at civilonlinelab@scotcourts.gov.uk.

Barrister calls for Commonwealth to drop Judicial Committee of the Privy Council

Leslie Thomas QC told The Times that the British court was one of the “last vestiges of colonialism” and had been superseded by the likes of the Caribbean Court of Justice (CCJ).

The JCPC is the final court of appeal for 27 Commonwealth countries, UK overseas territories and Crown Dependencies, though it – like the monarchy – came under renewed scrutiny in many of these countries during the disastrous royal tour of the Caribbean.

Mr Thomas said: “Contrary to the widely held belief that the Privy Council is more independent than the Caribbean Court of Justice, recent cases debunk this myth and in fact establish that the CCJ has in recent years been a much better protector of fundamental human rights than the Privy Council.

“The time is right to get rid of the last vestiges of colonialism and for Caribbean countries and peoples to have renewed faith in the CCJ. It has certainly proven its worth.”

However, Lord Sumption, a former judge of the UK Supreme Court and a member of the Privy Council, said the British court had played an important role in preventing executions in Caribbean countries.

There have been no executions in Caribbean countries since 2009, partly because of a JCPC ruling that they cannot be carried out on prisoners sentenced to death five or more years ago.

He also said the JCPC had the advantage of being the “top court of British common law in the world”, providing a level of consistency across jurisdictions.

US: Man charged with attempted murder of Justice Brett Kavanaugh

Nicholas John Roske was allegedly found with a gun and a knife after his arrest near the justice’s home in California early on Wednesday morning, The Washington Post reports.

Prosecutors said the 26-year-old had phoned authorities and said he was having suicidal thoughts. He then allegedly set out a plan to kill Justice Kavanaugh at his home and then himself.

According to an affidavit, the man was said to be “upset” about the leaked Supreme Court ruling overturning Roe v Wade, which guarantees access to abortion, and “thinking about how to give his life a purpose”.

He was peacefully arrested by officers from Montgomery County Police while still on the phone with 911 operators.

Shit Lawyer at the Edinburgh Fringe

Abigail Rolling is ‘Shit Lawyer’ and will be delivering misanthropic mirth, insights on life’s roulette, and explanations of why the criminal justice system south of the border is in crisis – much like its northern counterpart.

Ms Rolling has been chained to a radiator in the Magistrates’ Court for almost 30 years. The stories are true, the crisis real.

She is on a mission to expose the tragic decline of a legal system once revered as the best in the world. Through decades of underfunding and neglect, justice is being diluted and poor standards normalised.

Prisons are bulging, courts are closing, and trials can take years to be heard. The Law Society of England and Wales warns that within the next 10 years the duty solicitor will be extinct.

The media has created a populist anti-defendant line, seeking to make defence work seem immoral. Successive governments have reflected this in policy making that undercuts the ability of lawyers to do their jobs properly. Only the most committed solicitors and barristers are hanging in.

Why should this matter to you? Because one day you might need a good defence lawyer and by then, there might not be any.

Any money raised will be used towards taking the show to the Fringe in August. Accommodation, transport, venue hire, and marketing amount to several thousand pounds. The show is entirely self-funded so any donations would be incredibly helpful for Ms Rolling.

The show will be on at Just the Tonic’s Nucleus venue, in the Sub-Atomic room. The address is 138-140 Pleasance, Edinburgh EH8 9RR and the time is 5.50pm daily from Thursday 4 August – Sunday 28 August (except Monday 15 August).

Visit the fundraising page here

Serial fly-tipper who dumped 51 tonnes of tyres jailed for 11 months

Declan Clarke, from Drumchapel, was sentenced to 11 months’ imprisonment at Glasgow Sheriff Court yesterday.

Clarke had previously pled guilty to an environmental breach. The court heard that between June and August 2020 a large number of tyres were fly tipped in the Drumchapel area.

The vast majority of the tyres were dumped at Dalsetter Crescent, an area of waste ground between ALDI and Dalsetter Business Centre vulnerable to fly-tipping. Other deposition sites in the area were Drummore Road, Glenkirk Drive and the Donald Dewar Centre.

In addition to the sites around Drumchapel, approximately 500 tyres were dumped at Gartloch Farm, near Gartcosh, between 8 and 22 October 2020. More tyres were deposited at that location on 13 November 2020.

Gartloch Farm has frequently been used as a dumping ground by fly tippers and as a result wildlife camera have been installed on the land. These camera captured Clarke, using a number of different hire vans, dumping tyres on the land.

On Friday 20 November 2020 police executed a search warrant for Clarke’s home. He was found hiding under a bed.

During the search a key for another hire van was found. That van was parked outside his flat and was found to be full of tyres.

A mobile phone was also seized which was found to contain messages between Clarke and proprietors of vehicle garages and tyre fitters in which the collection of tyres was discussed.

From the messages it appears that the Clarke was charging between £1-£2 per tyre. In one message dated 18 November 2020 he stated: “It’s getting a bit hot to get rid of them.”

The court was advised that on the evening of Friday 24 July 2020 much of the waste at Dalsetter Crescent was consumed by fire. A huge amount of smoke was produced which disrupted flights at Glasgow Airport.

Two days later the remnants were cleared by Glasgow City Council. After the fire the debris consisted of 51 tonnes of tyres and 17 tonnes of household waste.

Glasgow City Council cleansing staff believed the volume of waste was significantly reduced by the fire.

The cost of cleaning up Dalsetter Crescent was £7,245.16. The estimated cost of cleaning up Gartloch Farm is £120,000 and a further £2,800 to dispose of the remaining tyres.

Fiona Caldwell, procurator fiscal, Wildlife and Environment, said: “Fly tipping causes the public real and legitimate concern. It is criminal behaviour which creates an eyesore and is costly to clear up and one that the local council must often carry.

“Declan Clarke’s deliberate and criminal action showed a lack of consideration for the environment and undermines legitimate waste management companies.

“There is no excuse for illegal dumping of waste and those who choose to engage in it will be brought to account for their actions.”

Quote of the day

When I gave my son my credit card to purchase flour, milk, eggs and butter etc., he did not need to be able to translate ejusdem generis to know that the ‘etc.’ did not cover a Sony PlayStation.

Edelman J (High Court of Australia), ‘Implications’

And finally… money talks

Ladesion Riley, a 30-year-old from Houston, Texas recently released a YouTube video where he raps about frequently robbing ATMs out of state.

He is one of four men who have now been arrested in Nashville, Tennessee on suspicion of robbing an ATM technician.

All four are facing federal charges and the FBI is investigating whether they may have been involved in previous robberies, FOX26 Houston reports.

Douglas Griffith, president of the Houston Police Officers’ Union, said: “If you’re going to rap about it, then turn around and be about it and get caught, that’s on you. You shouldn’t do stupid crap, and you definitely shouldn’t violate the law and talk about it.”

PracticeEvolve ask for law firm’s thoughts to a changing market

Law firms are not immune from the ever changing landscape. PracticeEvolve have already seen a shift in the demands of law firms wanting next generation technologies, digital connectivity and improved user competency as they adapt to new ways of working.

PracticeEvolve consequently aims to capture the sentiment of the legal profession by compiling a report of these challenges, opinions, and strategies for the future.

Adam Bullion, Director of Marketing at PracticeEvolve comments “The legal industry continues to change and evolve and we are seeing more firms look to introduce new technology, including Cloud, while ensuring their teams are able to optimise the technology they already use. We have a responsibility to help firms and will do so by providing a detailed, educational report that helps secure their future. With a comprehensive set of questions, we aim to be as thorough as possible within our research.”

PracticeEvolve invite all legal professionals to take part in the survey, which will take up to 15 minutes to complete, with all answers remaining completely confidential. Offering a £5 Costa Coffee voucher for all completed surveys.

Click here to have your say.