Warnings

To challenge a caveat a “warning” must be sent to Leeds District Probate Registry. The Warning document is sent to the person who entered the Caveat and they will be required to enter an “appearance” at the Probate Registry. An appearance does not mean a physical attendance at the Registry merely a response in the correct form.

If an appearance is not entered in response to a warning the caveat will be removed. If an appearance is entered and agreement cannot be reached between the parties for consent to remove the caveat Court proceedings will have to be considered.

Where a person receives a “warning” they should seek legal advice immediately.

Call us today on 02920 765050 and our contentious probate team will advise you in relation to your claim.

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he principle of open justice is the starting point and its difficult to depart from.

In Various Claimants v Independent Parliamentary Standards Authority, the Judge had the following to say -

"I refuse the Claimants' Application for anonymity (including being excused from the requirement to provide their addresses on the Claim Form) and reporting restrictions that would prevent their identification as Claimants in the action that they intend to bring. Neither of the reasons advanced in support of the application provides a sufficient basis for the grant of this derogation from the principle of open justice. The orders sought are not necessary either properly to maintain the administration of justice or to protect the legitimate interests of the Claimants. Less intrusive methods, that can be adopted in the proceedings, will properly protect those legitimate interests. The evidence in support of the Application is generalised, weak and falls a long way short of being clear and cogent".

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