Green & Ors v Gaul & Ors

Green & Ors v Gaul & Ors

Section 22(a) of the Limitation Act 1980 does not apply to claims for removal of a personal representative or for an account and payment where the estate remains unadministered; such claims fall within section 21(1)(b) and section 23, for which no statutory limitation period applies. The defence of laches or acquiescence is not excluded but was not made out on the facts, as there was no unconscionable conduct or waiver by the claimants.

Parties
Claimants/respondents: Green and others; Defendants/appellant: Gaul and others; Interested Party: Administratrix of the estate of Ivor Loftus, deceased (represented by Amanda King-Jones)
Jurisdiction
England and Wales
Judgment Date
28 July 2006
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Removal of Personal Representative, Doctrine of Laches, Breach of Fiduciary Duty, Account and Administration of Estate
Succession Law Trusts and Estates Civil Procedure Limitation of Actions Removal of Personal Representative Doctrine of Laches Breach of Fiduciary Duty Account and Administration of Estate

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Parties

Green and others

Claimants/respondents

Gaul and others

Defendants/appellant

Administratrix of the estate of Ivor Loftus, deceased (represented by Amanda King-Jones)

Interested Party

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether section 22(a) of the Limitation Act 1980 applies to claims for removal of a personal representative and for an account and payment against an administratrix.
  2. 2 Whether claims to an account and payment fall within sections 21(1)(b) and 23 of the Limitation Act 1980.
  3. 3 Whether the defence of laches or acquiescence is available and/or made out in the context of claims under section 21(1)(b) of the Limitation Act 1980.

Ratio Decidendi

Section 22(a) of the Limitation Act 1980 does not apply to claims for removal of a personal representative or for an account and payment where the estate remains unadministered; such claims fall within section 21(1)(b) and section 23, for which no statutory limitation period applies. The defence of laches or acquiescence is not excluded but was not made out on the facts, as there was no unconscionable conduct or waiver by the claimants.

Court Disposition

Appeal dismissed

Orders

  • Mrs Gaul removed as personal representative (administratrix) of the estate of Ivor Loftus.
  • Miss Amanda King-Jones appointed as personal representative in her place.