Keays v Parkinson, The Executors of the Late

Keays v Parkinson, The Executors of the Late

The executors failed to demonstrate that Sara Keays was unable to fairly and competently conduct proceedings or had an adverse interest to the claimant. The court found no sufficient grounds for removal based on historical or procedural evidence. The claimant is entitled to choose a suitable solicitor as litigation friend, and Michelle Rose is appointed as such. Her costs are to be paid from the estate.

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
Civil / Ruling on Application to Replace Litigation Friend
Outcome
Application to remove Sara Keays as litigation friend granted; Michelle Rose appointed as litigation friend.
Legal Topics
Litigation Friend, Inheritance Act 1975, Costs, Appointment of Litigation Friend, Adverse Interest
Civil Procedure Probate Trusts Litigation Friend Inheritance Act 1975 Costs Appointment of Litigation Friend Adverse Interest

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

Civil / Ruling on Application to Replace Litigation Friend

Legal Issues

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

Ratio Decidendi

The executors failed to demonstrate that Sara Keays was unable to fairly and competently conduct proceedings or had an adverse interest to the claimant. The court found no sufficient grounds for removal based on historical or procedural evidence. The claimant is entitled to choose a suitable solicitor as litigation friend, and Michelle Rose is appointed as such. Her costs are to be paid from the estate.

Court Disposition

Application to remove Sara Keays as litigation friend granted; Michelle Rose appointed as litigation friend.

Orders

  • Michelle Rose appointed as litigation friend for the claimant in substitution for Sara Keays.
  • Reasonable costs of Michelle Rose for acting as litigation friend and conducting litigation to be paid from the estate on a solicitor/own client basis, to be assessed if not agreed.