Keays v Parkinson, The Executors of the Late [2018] EWHC 1006 (Ch) (08 May 2018)

Keays v Parkinson, The Executors of the Late [2018] EWHC 1006 (Ch) (08 May 2018)

The executors failed to demonstrate that Sara Keays cannot fairly and competently conduct proceedings or has an interest adverse to the claimant. The court should not impose a litigation friend on the parent unless no viable candidate exists. Ms Keays is entitled to choose a suitable solicitor as litigation friend. Michelle Rose is a suitable appointee; criticisms against her are not substantiated.

Citation
[2018] EWHC 1006 (Ch)
Parties
Claimant: Flora Elisabeth Keays; Litigation Friend (original): Sara Keays; Defendants: The Executors of the Late Right Honourable Cecil, Baron Parkinson (Christopher Lewis and Emma Parkinson)
Jurisdiction
England and Wales
Judgment Date
08 May 2018
Procedural Posture
Inheritance Act Claim / Interlocutory Application for Removal and Replacement of Litigation Friend
Outcome
Application granted in part
Legal Topics
Litigation Friend, Inheritance (provision for Family and Dependants) Act 1975, Removal and Appointment of Litigation Friend, Costs Orders
Civil Procedure Probate Trusts and Estates Litigation Friend Inheritance (provision for Family and Dependants) Act 1975 Removal and Appointment of Litigation Friend Costs Orders

Case Brief

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Parties

Flora Elisabeth Keays

Claimant

Sara Keays

Litigation Friend (original)

The Executors of the Late Right Honourable Cecil, Baron Parkinson (Christopher Lewis and Emma Parkinson)

Defendants

Procedural Posture

Inheritance Act Claim / Interlocutory Application for Removal and Replacement of Litigation Friend

Legal Issues

  1. 1 Whether Sara Keays should be removed as litigation friend for Flora Keays
  2. 2 Whether Sara Keays has an interest adverse to the claimant
  3. 3 Who should be appointed as replacement litigation friend

Ratio Decidendi

The executors failed to demonstrate that Sara Keays cannot fairly and competently conduct proceedings or has an interest adverse to the claimant. The court should not impose a litigation friend on the parent unless no viable candidate exists. Ms Keays is entitled to choose a suitable solicitor as litigation friend. Michelle Rose is a suitable appointee; criticisms against her are not substantiated.

Court Disposition

Application granted in part

Orders

  • Sara Keays removed as litigation friend for Flora Keays
  • Michelle Rose appointed as litigation friend for Flora Keays