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 overriding duty to seek justice beween the parties could not be exercised to forgive something which rendered the proceedings a nullity.
Judges:
Stewart J
Citations:
[2016] EWHC 3005 (QB), [2016] WLR(D) 624
Links:
Statutes:
Law Reform (Miscellaneous Provisions) Act 1934
Jurisdiction:
England and Wales
Citing:
Cited – Watson And Wife, Administratrix, and Co of Maxwell v King 14-Dec-1815
Trover lies for an undivided part of a chattel. A power of attorney, though coupled with an interest, is instantly revoked by the death of the grantor, and an act afterwards bona fide done uuder it, by the grantee, before notice of the death of the . .
Cited – Clay v Oxford 1866
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. . .
Cited – Tetlow v Orela Ltd 1920
Ord 16, rr. 2 and 11 Ord 16, r 2, provided that, where an action had been commenced in the name of a wrong plaintiff, the court might, if satisfied that it had been so commenced through bona fide mistake and that it was necessary for the . .
Cited by:
See Also – Kimathi and Others v The Foreign and Commonwealth Office (Cross examination request) QBD 24-Nov-2016
Application to cross examine translators of claimant witness statements. . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 9-Feb-2017
Application notice seeking an order that certain issues be listed for hearing as a preliminary point. . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 28-Mar-2018
Claim as to allegations of abuse in Kenya in the 1950s. . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 18-Apr-2018
Continued dispute as to admissibility of certain documents . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 9-May-2018
Admissibility of extracts from Hansard . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 24-May-2018
The Claimants claimed damages against the Defendant for alleged abuses arising during the course of the Kenyan Emergency during the 1950s. . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 2-Aug-2018
Allegations of abuse by persons for whose conduct it is alleged the Defendant is liable, arising out of the Kenyan Emergency. . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 21-Nov-2018
. .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 21 August 2022; Ref: scu.571916
