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.
Lady Justice Butler-Sloss, Lord Justice Buxton
[1998] EWCA Civ 1765, [1998] EWCA Civ 1765
Bailii
County Court Rules 1981 Ord 5 Rule 8
England and Wales
Updated: 31 December 2020; Ref: scu.145244 br>
The post Bogdan Gesek v Estate of Tusnelda Maria Giller (Deceased): CA 13 Nov 1998 appeared first on swarb.co.uk.