Citation Definition

GLOSSARY

Published by a UU��ֱ�� Wills & Probate expert

What does Citation mean?

A citation is an instrument which recites that a matter is before the court, sets out the interest claimed by the person extracting the citation and calls upon the party cited to enter an appearance or take some other specified step.

Where a person who has a right to a grant declines to take it or delays in doing so, but will not renounce his right to take the grant, a citation may be issued by a person having an inferior right to a grant. If the person cited does not appear to the citation, the person issuing the citation can take a grant.

Wills & Probate

Where a person who has a right to a grant declines to take it or delays in doing so, but will not renounce his right to take the grant, a citation may be

View the related checklists about Citation

Family provision claims—table of cases

Family provision claims—table of cases Spouse or civil partner of the deceased Topic Case name Summary Author Spouse of the deceased Ramji v Harvey (in his capacity as executor of the estate of Sugrim Orlando Ramji deceased) and others [2023] EWHC 1664 (Ch) News Analysis: Lifetime transaction set aside on the basis of undue influence (Ramji v Harvey).In this preliminary issue trial in a claim under I(PFD)A 1975, the court set aside a transfer finding that the relationship between the deceased and the surviving spouse was one of trust and confidence resulting in a presumption of undue influence. Holly Challenger, Parklane Plowden Chambers Spouse of the deceased Re estate of Singh (deceased) [2023] EWHC 304 (Fam) News Analysis: Spousal claim under I(PFD)A 1975 dealt with on an abbreviated basis (Re estate of Singh (deceased))The judge dealt with this claim on an abbreviated basis, as the claim was either uncontested or alternatively, if D3 were to contest the claim, summary judgment could be given. Aimee Jones, Sternberg Reed LLP Spouse...

What transfers under TUPE, and who is liable—checklist

What transfers under TUPE, and who is liable—checklist This Checklist sets out the employment-related liabilities that arise on a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, or TUPE transfer, and whether they transfer from the transferor to the transferee. For further guidance on relevant transfers, see Practice Notes: TUPE—business transfers and TUPE—service provision changes. In relation to a dismissal, the position may vary depending on whether the sole or principal reason for dismissal is an economic, technical or organisational reason (ETO reason) entailing changes in the workforce. For further guidance on ETO reasons, see Practice Note: TUPE—protection against dismissal—Dismissal for an ETO reason. Whether liabilities pass to transferee, or remain with transferor Under TUPE 2006, liabilities pass to the transferee or remain with the transferor, as follows: Action or event Circumstances Who is liable Details Dismissals Pre-transfer dismissal by transferor Reason for the dismissal is not the transfer Transferor Dismissal not automatically unfair (ordinary principles apply)TUPE 2006, SI 2006/246,...

Probate actions—caveats

STOP PRESS: HMCTS announced updates to the caveat application process from 25 October 2022. See: LNB News 11/10/2022 10.CaveatsA caveat (also known as a stop) is a written notice that a person who wishes to prevent a grant being issued may enter in any registry or sub-registry.Generally, a caveat is used if a person wishes to prevent a grant, because they dispute the validity of a Will or who should administer the estate.By lodging a caveat, the caveator will be notified of an application for a grant and given the opportunity to object to the issue of a grant.Once a caveat has been entered, the onus moves to those seeking to prove the Will to take action to remove the caveat, as it prevents a grant being issued until the caveat has been removed by:•the non-appearance of the caveator to the warning•the withdrawal of the caveat by the caveator•an order of a district judge, registrar or High Court judge•the expiration of six months from the date of entry or effective...

The effect of the issue of a grant

Need for a grantThe personal representatives (PRs) of a deceased individual’s estate generally need to obtain a grant of probate or letters of administration to enable them to prove title to the deceased’s property and to administer, collect and protect it for the benefit of the persons interested in the estate. Although generally required to administer an estate in England and Wales, a grant of representation may not be necessary depending on the type and value of the assets in the estate and where they are situated. See Practice Note: Devolution of assets and the need for a grant.The civil remedy for failure to take out a grant is by a citation. If an executor has started to act in the administration, they can be compelled to take probate. See Practice Note: Probate actions—citations.Penalty for administering without a grantIf a person takes possession of and administers any part of the deceased’s estate without obtaining a grant within:•six calendar months after the death of the deceased, or•two calendar months after the...

Discover our 356 Practice Notes on Citation

What costs will be ordered if an application to set aside default judgment is successful?

What costs will be ordered if an application to set aside default judgment is successful? What costs order will be made depends very much on the specific circumstances of the case. However, it is important to note that the general costs rule that the winning party is entitled to recover the costs it incurred in making the application does not apply in relation to applications to set aside default judgments. The rationale for this was summed up by Edwards-Stuart J in Tideway v Westminster City Council in which he stated: 'I should make it plain straightaway that, in my view, this is not the sort of application where the costs simply follow the event. On the contrary, none of us would be here today if the defendant had got its house in order right from the outset. It has only itself to blame for that position.' In some cases the judge will give an indication as to the type of costs order that they consider might be appropriate given...

If a partner causes a general partnership to incur additional expenditure in breach of the duty of good faith, can those losses be claimed as damages?

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See the 56 Q&As about Citation

Tax weekly highlights—31 October 2024

This week's edition of Tax weekly highlights includes: (1) the key tax announcements made in the government’s Autumn Budget on 30 October 2024, (2) News Analysis on the FTT’s decisions in GCH Corporation Ltd and Abbeyford and (3) Agent Update Issue 124.

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This week's edition of Construction weekly highlights includes a statement from the Ministry of Housing, Communities and Local Government (MHCLG) and Building Safety Regulator (BSR) on the classification of higher-risk buildings following a recent case, analyses of the Joint Contracts Tribunal’s (JCT) 2024 editions of its Major Project, Constructing Excellence, and Prime Cost Building contracts, a case in which the Technology and Construction Court (TCC) considered whether to restrain a developer from continuing with and issuing further adjudications against a contractor, and another case in which the TCC dismissed a contractor’s attempt to limit its contractual design responsibility.

Read the latest 2021 News articles on Citation

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