The will gave the deceased’s property to the local church. The claimant executrix instructed the defendants to administer the estate, but later terminated the retainer saying that they had done nothing for many years, depriving the estate of rents.
Held: Even though the claimant had no personal interest in the estate, she should be allowed to claim. Legal principle justified a conclusion which was consistent with the policy consideration. The loss occurred whilst the properties were vested in the administratrix, and she would be accountable to the parochial church council for the income lost. She therefore had a proper claim. The necessary policy point was to ensure that no double recovery arose, since the church could itself sue.
Judges:
Neuberger J
Citations:
Times 02-Sep-2003, [2003] EWHC 1644 (Ch)
Jurisdiction:
England and Wales
Citing:
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Wills and Probate
Updated: 27 June 2022; Ref: scu.186098