Constance McDonnell KC

Recent Cases

• Leonard v Leonard [2024] EWHC 321 (Ch), & (re costs) [2024] EWHC 979 (Ch) – Constance acted for the successful claimants in a claim to set aside their father’s purported last will on the grounds of capacity and want of knowledge and approval
• Reeves v Drew [2022] EWHC 159 (Ch) – Constance acted for the successful defendant in a claim by a wealthy illiterate testator’s daughter to propound a will she knew to be false as a result of his want of knowledge and approval.
• Hirachand v Hirachand [2022] 1 WLR 1162 – The Court of Appeal determined in October 2021 that a CFA success fee can be recoverable as part of an award under the 1975 Act.
• Glover v Barker [2021] 1 WLR 231 – In which the Court of Appeal considered for the first time the extent of the liability of a litigation friend for legal costs.
• Re K (Inherent Jurisdiction – Costs) [2021] EWHC 2147 (Fam) – Constance acted for relatives of a vulnerable individual in an application under the Inherent Jurisdiction
• Lucas v Gatward [2020] EWHC 3040 (Ch) – Constance successfully resisted the adjournment of a trial sought for Covid-related reasons. The widely-reported case about ownership of a family home then settled shortly before the trial due to commence in November 2020.
• Barker v Confiance [2019] 1 WLR 5737 – Constance acted in a trust dispute involving opposing minor litigants, in which Morgan J gave guidance as to the liability of a minor and of a litigation friend for costs.
• Wellesley v Earl Cowley [2019] EWHC 11 (Ch) – Constance acted for the successful defendants in a claim by an estranged adult child against her father’s estate under the Inheritance (Provision for Family and Dependants) Act 1975.
• Gupta v Gupta [2018] EWHC 1353 (Ch) – Constance acted for the successful party in proceedings concerning knowledge and approval of a will made by an Indian testatrix.
• Patel v Patel [2017] EWHC 3229 (Ch) – Constance acted for three defendants in an application for committal for contempt of court arising out of the fact they had given false sworn evidence as witnesses in a probate dispute.
• Ilott v The Blue Cross and others [2017] UKSC 17 [previously Ilott v Mitson] – Constance was Junior Counsel for the Respondent in this landmark case, which is the first appeal ever to be heard in the Supreme Court in a 1975 Act claim.
• RBC Trustees (CI) Limited v Stubbs [2017] EWHC 180 (Ch) – Constance acted for the Settlor in an application by trustees for rectification or rescission of a deed of revocation and new appointment.
• Gestrust SA v Sixteen Defendants [2016] EWHC 3067 (Ch) – Constance acted for the Trustee in an application for directions as to how to direct companies which were ultimately wholly owned by the trust in relation to proceedings brought against those companies by a third party associated with several of the beneficiaries. The Court considered whether the companies should be treated as trust assets, and the extent of the Trustee’s Bartlett duties.
• Re Smith, Kicks v Leigh [2015] 4 All ER 329 – Constance acted for the successful claimants in proceedings to set aside a lifetime gift which had been procured by the donor’s daughter’s presumed undue influence. The case was reported because of the deputy Judge’s decision as to the applicable test for mental capacity to make the gift.
• Bray v Pearce, 6 March 2014 – Constance acted for the successful Claimant in proceedings to set aside the last three wills made by an elderly testatrix who lacked testamentary capacity due to paranoid delusions.
• VIVA! Campaigns Ltd & The Vegetarian Society v Scott [2014] WTLR 525 & [2014] WTLR 461 [costs] – Constance acted for the successful charitable Claimants in proceedings to prove a will made by a schizophrenic testator.
• Sheffield v Sheffield [2014] WTLR 1039 – Constance defended a professional trustee against allegations of breach of trust.
• Schrader v Schrader [2013] WTLR 701 – Constance acted for the successful Part 20 claimant in proceedings to set aside his mother’s will on the basis that it had been procured by his brother’s undue influence.
• Tamlin v Edgar, The Times, 23 February 2012 – Constance acted for minor and unborn beneficiaries of two family trusts in an application for the Court’s approval of a decision of the Trustees.
• Wharton v Bancroft [2012] WTLR 693 and [2012] WTLR 727 (costs) – Constance acted for the successful claimant in proceedings to prove her husband’s ‘deathbed’ will. The claimant was awarded indemnity costs.
• Devas v MacKay [2009] EWHC 1951 (Ch) – Constance acted for the successful claimants in proceedings to set aside a will purportedly made by their mother in favour of her carer’s son.
• Knight v Edonya [2009] EWHC 2181 (Ch) – Constance acted for the successful claimant in proceedings to prove her stepfather’s will.
• Sinclair v Sinclair [2009] EWHC 926 (Ch) – Constance acted for the trustees of a family trust in a claim arising out of various breaches of trust by a constructive trustee, involving issues as to his liability to account and whether he could rely upon proprietary estoppel.
• Raymond Saul & Co (a firm) v Holden [2009] Ch 313, [2009] BPIR 50 – Constance acted for a successful trustee in bankruptcy on the issue as to whether the residue of the bankrupt’s mother’s estate was payable to the trustee in bankruptcy.
• Caudle v LD Law Ltd [2008] 1 WLR 1540, (2008) 11 ITELR 882 – Constance acted for the successful Defendant on an appeal as to whether a prospective Administrator of a deceased’s estate had locus standi to claim assets of the estate.
• Heyman v Dobson [2010] WTLR 1151 – Removal of personal representative and costs.
• Bonham v Blake Lapthorn Linnell [2006] All ER (D) 164 (Oct) – Breach of trust and solicitors’ negligence
• Evans v HSBC Trust Company (UK) Ltd [2005] WTLR 1289 – Constance acted for the successful claimants in a proprietary estoppel claim against the estate of their friend and neighbour.
• Cox v Jones [2004] 2 FLR 1010 – Constructive trust claim between cohabitees.
• Khiaban v Beard [2003] 1 WLR 1626 – Constance acted for the successful appellant in a ‘leapfrog’ appeal to the Court of Appeal on the issue as to whether the Court could require a claimant to increase value of his claim.
• Carapeto v Good [2002] WTLR 801 – Constance acted (with leading counsel) for the successful claimant in proceedings to propound a will made in her favour.