The plaintiff had obtained Letters of Administration in Southern Ireland only but sought to bring an action under the Fatal Accidents Act in England. There were two separate bases upon which the plaintiff (the widow of a workman killed in a work accident) could claim. She could either sue as the representative of his legal estate – that is as administratrix – or alternatively she had a statutory entitlement as the widow of the deceased to sue in her own right. Different combinations of fact had to be pleaded and proved depending upon which cause of action was elected. It is for that reason that the capacity which she sued in was critical.
Held: The action had been brought in a representative capacity which the plaintiff did not possess, and must be set-aside on the ground of incompetence. Singleton LJ lamented ‘that these technicalities are a blot on the administration of the law, and everyone except the successful party dislikes them’.
Judges:
Singleton LJ
Citations:
[1953] 1 QB 688, [1953] 1 All ER 1130
Jurisdiction:
England and Wales
Cited by:
Cited – Roberts v Gill and Co Solicitors and Others SC 19-May-2010
The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 21 June 2022; Ref: scu.415962