The plaintiff sought damages from the estate. The appointed defendant had not taken out a grant of probate. There was confusion about the terms of an order made authorising the representation.
Held: The judge did have discretion to make an order for representation in respect of future proceedings. In not exercising his discretion to extend the time for service, he had failed to give effect to the purpose of the rule, namely to ensure that all issues between the parties are decided. The appeal against the dismissal of the action in limine was successful.
Judges:
Lady Justice Butler-Sloss, Lord Justice Buxton
Citations:
[1998] EWCA Civ 1765
Statutes:
County Court Rules 1981 Ord 5 Rule 8
Jurisdiction:
England and Wales
Wills and Probate, Litigation Practice
Updated: 27 November 2022; Ref: scu.145244