Haastrup v Okorie & Ors

Haastrup v Okorie & Ors

The claimant, not being or being appointed a personal representative, has no right, even as a beneficiary of the unadministered estate, to sue the First Defendant in respect of alleged wrongs to estate assets. CPR r 19.8(1) does not apply as the claim was commenced after the deceased's death. No special circumstances exist to allow a beneficiary to sue, and the executor de son tort doctrine is not engaged by the pleaded facts. The claim discloses no reasonable grounds and is struck out.

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
Civil / Strike Out Application and Summary Judgment
Outcome
Claim struck out in its entirety for lack of reasonable grounds.
Legal Topics
Standing to Sue, Executor De Son Tort, Beneficiary Rights, Strike Out Applications, Summary Judgment, Special Circumstances Doctrine
Probate Estate Administration Civil Procedure Standing to Sue Executor De Son Tort Beneficiary Rights Strike Out Applications Summary Judgment +1 more

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

Civil / Strike Out Application and Summary Judgment

Legal Issues

  1. 1 Whether the claimant has standing to sue in respect of estate assets without being a personal representative
  2. 2 Whether special circumstances allow a beneficiary to bring a claim on behalf of the estate
  3. 3 Whether the First Defendant constituted herself an executor de son tort

Ratio Decidendi

The claimant, not being or being appointed a personal representative, has no right, even as a beneficiary of the unadministered estate, to sue the First Defendant in respect of alleged wrongs to estate assets. CPR r 19.8(1) does not apply as the claim was commenced after the deceased's death. No special circumstances exist to allow a beneficiary to sue, and the executor de son tort doctrine is not engaged by the pleaded facts. The claim discloses no reasonable grounds and is struck out.

Court Disposition

Claim struck out in its entirety for lack of reasonable grounds.

Orders

  • Claim struck out.
  • If not struck out, summary judgment would have been granted for the First Defendant.