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A discussion of RSPCA v Sharp

Amanda Hardy, February 2011

Amanda Hardy is a barrister practising at 15 Old Square, Lincoln’s Inn, London.


This was an appeal by the Royal Society for the Prevention of Cruelty to Animals (RSPCA) against a decision of Peter Smith J ([2010] EWHC 268 (Ch)) on the construction of a will. The judge dismissed the RSPCA’s claim on the construction of the will and, in the author’s view, surprisingly, ordered the respondents’ costs to be paid out of the estate on an indemnity basis. Both parts of Peter Smith’s order were under appeal.

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