header-logo header-logo

Forfeiture relief

02 March 2007 / Mark Pawlowski
Issue: 7262 / Categories: Features , Local government , Constitutional law
printer mail-detail

Mark Pawlowski considers the court’s power to relieve an unlawful killer from forfeiture of the victim’s estate

The common law rule of public policy, which prevents a person who has unlawfully killed another from profiting from that death, is intended to act as a disincentive to criminal activity and to reflect public conscience. At the same time, the Forfeiture Act 1982 (FoA 1982) is intended to militate against the strict application of this rule by giving the court power to grant relief to people found guilty of unlawful killing, other than murder, from forfeiture of their inheritance and other similar rights.

The forfeiture rule

One of the leading authorities is Cleaver v Mutual Rescue Fund Life Association [1892] 1 QB 147, in which a husband took out an insurance policy on his life with the defendant for £2,000 in favour of his wife. He subsequently died from poison that had been intentionally administered by his wife who was later convicted of his wilful murder. Applying the forfeiture rule, the Court of Appeal held that the wife could not lay any claim to the insurance

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll