Gloyne v Richardson & Anor [2002] EWCA Civ 166 (6 February 2002)

Gloyne v Richardson & Anor [2002] EWCA Civ 166 (6 February 2002)

The amendment to add the alternative sterling sum was permitted under the slip rule to reflect the relief sought in the originating summons, but all arguments as to the proper currency of payment remain open for determination in subsequent proceedings. The amendment to specify executrix capacity in the costs order was refused as unnecessary, since the judgment and order were already against Mrs Richardson as executrix.

Citation
[2002] EWCA Civ 166
Parties
Claimant/respondent: Edward Michael Gloyne; First Defendant/applicant: Linda Rosemary Richardson (Executrix of the estate of Anthony Frederick Richardson, deceased); Second Defendant: Barber Young Burton & Rind
Jurisdiction
England and Wales
Judgment Date
06 February 2002
Procedural Posture
Civil Appeal / Application Under Slip Rule Following Court of Appeal Judgment
Outcome
Order amended under slip rule to add alternative sterling sum; no amendment to specify executrix capacity in costs order; no order for costs on the application.
Legal Topics
Slip Rule Amendment, Currency of Judgment, Restitution for Mistaken Payment, Executrix Liability
Civil Procedure Restitution Contract Law Slip Rule Amendment Currency of Judgment Restitution for Mistaken Payment Executrix Liability

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Parties

Edward Michael Gloyne

Claimant/respondent

Linda Rosemary Richardson (Executrix of the estate of Anthony Frederick Richardson, deceased)

First Defendant/applicant

Barber Young Burton & Rind

Second Defendant

Procedural Posture

Civil Appeal / Application Under Slip Rule Following Court of Appeal Judgment

Legal Issues

  1. 1 Whether the order should be amended under the slip rule to include an alternative sterling sum in the declaration for repayment
  2. 2 Whether the order should be amended to specify the executrix capacity in the costs order

Ratio Decidendi

The amendment to add the alternative sterling sum was permitted under the slip rule to reflect the relief sought in the originating summons, but all arguments as to the proper currency of payment remain open for determination in subsequent proceedings. The amendment to specify executrix capacity in the costs order was refused as unnecessary, since the judgment and order were already against Mrs Richardson as executrix.

Court Disposition

Order amended under slip rule to add alternative sterling sum; no amendment to specify executrix capacity in costs order; no order for costs on the application.

Orders

  • Declaration in order of 23rd May 2001 amended to include '(alternatively £62,944.66)' before 'and interest' in paragraph 3(iii)
  • No order for costs on the application