Erskine Trust

[2012]All ER (D) 03 (Apr)

1st March 2012

High Court


The High Court held that two adopted children were not, as a matter of construction of a provision in 1984 settlement, entitled to benefit as "statutory next of kin" of an individual. However, such a construction was unfair and discriminatory on Human Rights, which became part of English law pursuant to the Human Rights Act 1998. A non-discriminatory construction could be applied retrospectively without

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