The proceedings were a nullity, the plaintiff having died before proceedings were commenced.
Held: There was no power to substitute another plaintiff such as the deceased’s legal personal representatives to get around the nullity.
Citations:
(1866) LR 2 Exch 54, 36 LJEx 15
Jurisdiction:
England and Wales
Cited by:
Cited – Kimathi and Others v The Foreign and Commonwealth Office (Strike out) QBD 24-Nov-2016
The defendant sought to have struck out from the group litigation, as a nullity the claim by one claimant who had been deceased at the time of issue. His PRs responded that the court could deal with the matter under CPR Pt 3.
Held: The court’s . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 13 April 2022; Ref: scu.571918
