Miles Sealy Connell & Anor v Timothy James Boyton Connell
[2024] EWHC 2646 (Ch)
Richard Wood & Anor v Sophie Fleming
13 August 2024
[2024] EWHC 2398 (Ch)
High Court
A woman fought with her late partner's executors over his will and attacked them online. The court said the executors were right, the woman's claims were wrong, and ordered her to stop harassing them online.
Key Facts
- •Brendan Fleming, a solicitor, died leaving a will with conflicting beneficiaries.
- •Litigation arose between Ms. Fleming (partner) and the Executors (Mr. Wood and Ms. Ward).
- •Ms. Fleming made numerous online accusations of misconduct against the Executors.
- •Two proceedings were initiated: a probate claim and an injunction claim for online harassment.
- •Jurisdictional issues arose due to Ms. Fleming's residence in Northern Ireland and the international nature of Mr. Fleming's estate.
- •Ms. Fleming largely represented herself, while the Executors had legal representation.
Legal Principles
Jurisdiction in probate proceedings.
Senior Courts Act 1981, s.25; Non-Contentious Probate Rules 1987; Re Wayland [1968] P 1041; Dicey and Morris on the Conflict of Laws.
Summary judgment standard.
CPR 24; Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339.
Principles for removing executors.
s.50 Administration of Justice Act 1985; Letterstedt v Broers [1884] 9 AC 371; Re Savile Deceased [2015] WTLR 635 (CA); Harris v Earwicker [2015] EWHC 1915; Kershaw v Micklethwaite [2011] WTLR 413.
Jurisdiction for injunctions.
s.24(1) Civil Jurisdiction and Judgments Act 1982; Barton v Wright Hassall [2018] 1 WLR 1119 (SC); Re Liddell’s Settlement Trusts [1936] Ch 365; s.16 CJJA; Sch.4 CJJA; Cornwall Renewable Developments v Wright, Johnson & Mackenzie LLP [2022] EWHC 3259; Bolagsupplysningen v Svensk Handel [2018] 3 WLR 59.
Harassment under the Protection from Harassment Act 1997.
s.1 Protection from Harassment Act 1997; Hayden v Dickenson [2020] EWHC 3291 (QB); McNally v Saunders [2022] EMLR 3; Sully v Mazur [2024] EWHC 1999 (KB); Iqbal v Dean Manson Solicitors [2011] EWCA Civ 123.
Interim injunctions and freedom of expression.
Art.10 ECHR; s.12(3) HRA; North Warwickshire DC v Baldwin [2023] EWHC 1719 (KB); Cream v Banerjee [2005] 1 AC 253 (HL); Hayden v Dickenson.
Outcomes
English court retains jurisdiction in probate proceedings.
Presence of English assets and application of English law to key aspects of the estate.
Ms. Fleming's summary judgment application dismissed.
Lack of clear evidence for will invalidity and unfounded allegations against Executors.
Application to set aside HHJ Rawlings' order dismissed.
Order was legitimate and within the jurisdiction of the English Companies Court.
Ms. Fleming's application to remove Executors dismissed.
Ms. Fleming created the impasse and the Executors acted appropriately.
Interim administrators appointed.
To facilitate efficient estate administration.
Ms. Fleming removed as Litigation Friend for the children.
Conflict of interest and demonstrated inability to fairly represent the children's interests.
Trevor Fleming appointed as Litigation Friend.
Suitable and impartial relative with no significant conflict of interest.
Injunction against Ms. Fleming upheld and modified.
Ms. Fleming's conduct amounted to harassment, and the injunction was necessary to protect the Executors and their lawyers.