Category Parties to actions

THE DEAD CAN’T SUE: AN IMPORTANT REMINDER

In Kimathi & Ors -v- The Foreign & Commonwealth Office [2016] EWHC 3005 (QB) Mr Justice Stewart reviewed the principles in relation to bringing an action on behalf of a deceased party.  It is an important reminder of some very basic principles. An action is brought by the deceased’s estate not in the name of the […]

A POTENTIAL BENEFICIARY CANNOT BRING AN ACTION ON BEHALF OF AN ESTATE

The facts in Haastrup -v- Okorie [2016] EWHC 12 (Ch) are somewhat complex. However they do bring home some important matters in relation to the need to have capacity to bring proceedings on behalf of an estate.  The judgment of Master Matthews sets out some key points. “The starting point is that, subject to the […]