Haastrup & Anor v Haastrup & Anor

Haastrup & Anor v Haastrup & Anor

The claimants brought the claim as beneficiaries, not as personal representatives or on behalf of the estate. As beneficiaries, they have standing to seek an account from an executor de son tort. The claim is not a nullity for lack of a grant of administration and cannot be struck out or disposed of by summary judgment. There is no sufficient need or appropriateness for a limited grant of administration to the claimants in the circumstances.

Parties
Claimant: Gloria Ngozi Haastrup; Claimant: Emmanuel Ademola Haastrup; Defendant: John Adewale Haastrup; Defendant: Universal Trading & Shipping Ltd
Jurisdiction
England and Wales
Judgment Date
21 December 2016
Procedural Posture
Civil / Ruling on Applications to Strike Out Claim/summary Judgment and for Limited Grant of Administration
Outcome
Both applications dismissed
Legal Topics
Standing of Beneficiaries, Executor De Son Tort, Derivative Claims, Freezing Injunctions, Limited Grant of Administration, Striking Out Claims, Summary Judgment
Probate Civil Procedure Company Law Standing of Beneficiaries Executor De Son Tort Derivative Claims Freezing Injunctions Limited Grant of Administration +2 more

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Parties

Gloria Ngozi Haastrup

Claimant

Emmanuel Ademola Haastrup

Claimant

John Adewale Haastrup

Defendant

Universal Trading & Shipping Ltd

Defendant

Procedural Posture

Civil / Ruling on Applications to Strike Out Claim/summary Judgment and for Limited Grant of Administration

Legal Issues

  1. 1 Whether claimants have standing to bring the claim as beneficiaries or require a grant of administration
  2. 2 Whether the claim should be struck out as a nullity for lack of standing
  3. 3 Whether summary judgment should be granted for the defendants

Ratio Decidendi

The claimants brought the claim as beneficiaries, not as personal representatives or on behalf of the estate. As beneficiaries, they have standing to seek an account from an executor de son tort. The claim is not a nullity for lack of a grant of administration and cannot be struck out or disposed of by summary judgment. There is no sufficient need or appropriateness for a limited grant of administration to the claimants in the circumstances.

Court Disposition

Both applications dismissed

Orders

  • Defendants' application to strike out the claim or for summary judgment is dismissed
  • Claimants' application for a limited grant of administration is dismissed