THE DEAD CAN’T SUE: AN IMPORTANT REMINDER

Civil Litigation Brief

In Kimathi & Ors -v- The Foreign & Commonwealth Office [2016] EWHC 3005 (QB) Mr Justice Stewart reviewed the principles in relation to bringing an action on behalf of a deceased party.  It is an important reminder of some very basic principles. An action is brought by the deceased’s estate not in the name of the deceased The right to bring an action does not vest in administrators until they obtain the grant.  Similarly foreign administrators have no right to bring an action until the claim in registered in England (& Wales).

KEY POINTS

  • The issue of proceedings in a deceased person’s name is a nullity.
  • Administrators cannot issue proceedings until they obtain letters of administration.
  • Foreign administrators cannot issue proceedings until their letters of administration prior to the re-sealing of the Grant in England.
  • The Court has no discretion available to it to correct the nullity.
  • The claim brought on behalf…

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