Roberts v Gill & Co Solicitors and others

Roberts v Gill & Co Solicitors and others

The Supreme Court held that the amendment to pursue a derivative claim was not permitted by the Civil Procedure Rules after the expiry of the limitation period, as the necessary joinder of the administrator could not be achieved under the rules, and that no special circumstances justified allowing the derivative claim. The appeal was dismissed.

Parties
Appellant: Mark Roberts; Respondents: Gill & Co Solicitors and others
Jurisdiction
England and Wales
Judgment Date
19 May 2010
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Derivative Actions by Beneficiaries, Limitation of Actions, Amendment of Pleadings, Joinder of Parties, Duty of Care of Solicitors to Beneficiaries
Trusts and Estates Civil Procedure Derivative Actions by Beneficiaries Limitation of Actions Amendment of Pleadings Joinder of Parties Duty of Care of Solicitors to Beneficiaries

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Parties

Mark Roberts

Appellant

Gill & Co Solicitors and others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether a beneficiary can amend proceedings after limitation to bring a derivative claim on behalf of the estate against third parties (solicitors)
  2. 2 Whether special circumstances exist to justify a derivative action by a beneficiary
  3. 3 Whether joinder of the administrator is necessary for a derivative claim after limitation has expired

Ratio Decidendi

The Supreme Court held that the amendment to pursue a derivative claim was not permitted by the Civil Procedure Rules after the expiry of the limitation period, as the necessary joinder of the administrator could not be achieved under the rules, and that no special circumstances justified allowing the derivative claim. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Permission to amend to plead a derivative claim refused
  • No order for joinder of administrator