Millburn-Snell and others v Evans [2011] EWCA Civ 577; [2011] WLR (D) 179
“To bring a claim on behalf of an intestate’s estate a claimant should first obtain a grant of administration as a claim purportedly brought by a claimant without a grant of administration was an incurable nullity. CPR r 19.8(1) did not confer on the court jurisdiction to correct deficiencies in the manner in which proceedings had been instituted. It was concerned only with directions for the forward prosecution towards trial of validly instituted proceedings.”
WLR Daily, 25th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
