References: [1952] 1 KB 15, [1951] 2 All ER 965
Ratio: An action commenced by a plaintiff in a representative capacity which the plaintiff does not in fact possess is a nullity, and, further, that it makes no difference that the claim made in such an action is a claim under the Fatal Accidents Acts which the plaintiff could have supported in a personal capacity as being one of the dependants to whom the benefit of the Acts extends.
Jurisdiction: England and Wales
This case is cited by:
- Cited – Roberts v Gill and Co Solicitors and Others SC ([2010] WLR (D) 130, WLRD, Bailii, [2010] UKSC 22, SC, SC Summ, Bailii Summary, [2010] PNLR 30, [2010] WTLR 1223, [2010] 2 WLR 1227, [2011] AC 240)
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 . .
(This list may be incomplete)
Last Update: 20 June 2020
Ref: 415961 br>
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