Haastrup v Okorie & Ors [2016] EWHC 12 (Ch) (06 January 2016)

Haastrup v Okorie & Ors [2016] EWHC 12 (Ch) (06 January 2016)

The Claimant, not being or being appointed a personal representative, has no right to sue for wrongs to estate assets; CPR r 19.8 does not permit appointment post-death where claim commenced after death; no special circumstances exist to justify a beneficiary's claim; allegations do not establish executor de son tort liability.

Citation
[2016] EWHC 12 (Ch)
Parties
Claimant: John Adewale Haastrup; First Defendant: Gloria Ngozi Okorie; Second Defendant: Okadejo Lamikanra; Third Defendant: Creeks & Shield Solicitors (A Firm); Fourth Defendant: The Partners of the Firm Trading in the Name and Style of Creeks & Shield Solicitors (Jointly and Severally); Fifth Defendant: Gabriel Kwesi Haastrup
Jurisdiction
England and Wales
Judgment Date
06 January 2016
Procedural Posture
Chancery Division Civil Claim / Strike Out and Summary Judgment Application
Outcome
Claim struck out in its entirety for lack of reasonable grounds; summary judgment would have been granted for First Defendant if not struck out.
Legal Topics
Standing of Beneficiary, Executor De Son Tort, Appointment of Personal Representative, Strike Out, Summary Judgment
Probate Estate Administration Civil Procedure Standing of Beneficiary Executor De Son Tort Appointment of Personal Representative Strike Out Summary Judgment

Case Brief

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Parties

John Adewale Haastrup

Claimant

Gloria Ngozi Okorie

First Defendant

Okadejo Lamikanra

Second Defendant

Creeks & Shield Solicitors (A Firm)

Third Defendant

The Partners of the Firm Trading in the Name and Style of Creeks & Shield Solicitors (Jointly and Severally)

Fourth Defendant

Gabriel Kwesi Haastrup

Fifth Defendant

Procedural Posture

Chancery Division Civil Claim / Strike Out and Summary Judgment Application

Legal Issues

  1. 1 Whether a beneficiary without a grant can sue for wrongs to estate assets
  2. 2 Whether special circumstances allow a beneficiary to bring a claim
  3. 3 Whether the First Defendant is an executor de son tort

Ratio Decidendi

The Claimant, not being or being appointed a personal representative, has no right to sue for wrongs to estate assets; CPR r 19.8 does not permit appointment post-death where claim commenced after death; no special circumstances exist to justify a beneficiary's claim; allegations do not establish executor de son tort liability.

Court Disposition

Claim struck out in its entirety for lack of reasonable grounds; summary judgment would have been granted for First Defendant if not struck out.

Orders

  • Claim struck out
  • No need to deal with other outstanding applications