Green & Ors v Gaul & Ors [2006] EWCA Civ 1124 (28 July 2006)

Green & Ors v Gaul & Ors [2006] EWCA Civ 1124 (28 July 2006)

Section 22(a) of the Limitation Act 1980 does not apply to the claim to remove Mrs Gaul as administratrix; claims for account and payment fall within section 21(1)(b) and are not time-barred; the defence of laches or acquiescence is not made out on the facts.

Citation
[2006] EWCA Civ 1124
Parties
Claimants/respondents: Green and others; Defendants/appellant: Gaul and others; Interested Party: Administratrix of the estate of Ivor Loftus, deceased
Jurisdiction
England and Wales
Judgment Date
28 July 2006
Procedural Posture
Appeal / Court of Appeal (civil Division) Judgment
Outcome
Appeal dismissed
Legal Topics
Limitation Periods, Removal of Personal Representative, Laches, Acquiescence, Account of Estate, Administration of Estates
Trusts and Estates Civil Procedure Limitation Periods Removal of Personal Representative Laches Acquiescence Account of Estate Administration of Estates

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

Green and others

Claimants/respondents

Gaul and others

Defendants/appellant

Administratrix of the estate of Ivor Loftus, deceased

Interested Party

Procedural Posture

Appeal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether section 22(a) of the Limitation Act 1980 applies to claims to remove a personal representative and for an account
  2. 2 Whether section 21(1)(b) of the Limitation Act 1980 applies to claims for account and payment
  3. 3 Whether the defence of laches or acquiescence is available and made out

Ratio Decidendi

Section 22(a) of the Limitation Act 1980 does not apply to the claim to remove Mrs Gaul as administratrix; claims for account and payment fall within section 21(1)(b) and are not time-barred; the defence of laches or acquiescence is not made out on the facts.

Court Disposition

Appeal dismissed

Orders

  • Mrs Gaul removed as personal representative
  • Miss Amanda King-Jones appointed as personal representative