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England and Wales Case Law

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Probate

ACL Netherlands BV & Ors v Michael Richard Lynch & Anor

The court has jurisdiction under section 116 Senior Courts Act 1981 to appoint an administrator ad litem for the limited purpose of representing the estate in proceedings where executors have not renounced but refuse to act, provided special circumstances exist and undertakings are obtained from the executors to be bound by the order. The administrator's appointment may be effective immediately, with formal grant to follow, and his powers and liabilities may be limited as the court directs. Pre-death legal costs are not to be paid from estate assets under this order, and any solicitor's lien…

  • Substitution of parties
  • Administration of estates
  • Section 116 senior courts act 1981
  • Cpr 19.2 substitution
  • Legal professional privilege
  • Solicitor's lien
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Civil procedure [2025] EWHC 1171 (Ch)

ACL Netherlands BV & Ors v Lynch & Anor

ACL Netherlands BV & Ors v Lynch & Anor [2025] EWHC 1171 (Ch) (14 May 2025)

The High Court appointed an administrator for Dr Lynch’s estate under section 116 and substituted him as defendant so the proceedings could continue after Lynch’s death.

  • Substitution of parties
  • Section 116 senior courts act 1981
  • Administration of estates
  • Representation of deceased in litigation
  • Costs and liens
  • Cpr 19.2 substitution
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.