Kimathi & Ors v The Foreign & Commonwealth Office [2016] EWHC 3005 (QB) (24 November 2016)

Kimathi & Ors v The Foreign & Commonwealth Office [2016] EWHC 3005 (QB) (24 November 2016)

A claim brought in the name of a deceased person is a nullity and cannot be cured by amendment or the court's general case management powers. Entry onto the Group Register after death does not retrospectively validate the claim, and the relevant date for becoming a party is the date of entry onto the Register, not the original claim form date. The court has no discretion to cure such a fundamental defect under CPR 3.

Citation
[2016] EWHC 3005 (QB)
Parties
Claimants: Eloise Mukami Kimathi & Ors; Defendant: The Foreign & Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
24 November 2016
Procedural Posture
Application to Strike Out Claim in Group Litigation / High Court, Queen's Bench Division, Post Case Management, Application Hearing
Outcome
Claim struck out as a nullity
Legal Topics
Nullity of Proceedings, Group Litigation Orders, Claims by Deceased Persons, Requirement for Grant of Representation, Re Sealing of Foreign Grants
Civil Procedure Probate Law Nullity of Proceedings Group Litigation Orders Claims by Deceased Persons Requirement for Grant of Representation Re Sealing of Foreign Grants

Case Brief

Summary, issues, holding and outcome

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Parties

Eloise Mukami Kimathi & Ors

Claimants

The Foreign & Commonwealth Office

Defendant

Procedural Posture

Application to Strike Out Claim in Group Litigation / High Court, Queen's Bench Division, Post Case Management, Application Hearing

Legal Issues

  1. 1 Whether a claim brought in the name of a deceased person is a nullity
  2. 2 Whether entry onto the Group Register after death can constitute valid joinder
  3. 3 Whether the court has discretion to cure a nullity under CPR 3

Ratio Decidendi

A claim brought in the name of a deceased person is a nullity and cannot be cured by amendment or the court's general case management powers. Entry onto the Group Register after death does not retrospectively validate the claim, and the relevant date for becoming a party is the date of entry onto the Register, not the original claim form date. The court has no discretion to cure such a fundamental defect under CPR 3.

Court Disposition

Claim struck out as a nullity

Orders

  • The claim of Test Claimant 11 (Ndimitu Wagachima) is struck out as a nullity.
  • The name of Test Claimant 11 is to be removed from the Group Register.