In re Sutton v [1999] JLR_Note 19a (12 February 1999)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Probate / Interlocutory
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that contingent claims relating to the liabilities of a deceased Lloyd's 'name' may be admitted against the estate, subject to the usual requirements of certainty and proof.
Court disposition
Contingent claims may be admitted against the estate.
02
Material facts
Parties
Sutton
Executor/administrator03
Procedural history
Posture
Probate / Interlocutory
04
Questions and positions
Legal issues
Whether contingent claims can be made against the estate of a deceased Lloyd's 'name'
Party arguments
- Applicant
- Applicant seeks determination on the admissibility of contingent claims against the estate of a deceased Lloyd's 'name'.
- Respondent
- Respondent challenges the validity or timing of such contingent claims.
05
Court’s reasoning
Legal principles
- 01
probate law/common law
Contingent claims may be admitted against an estate if the liability is sufficiently ascertainable.
06
Ratio, limits and disposition
Ratio decidendi
The court held that contingent claims relating to the liabilities of a deceased Lloyd's 'name' may be admitted against the estate, subject to the usual requirements of certainty and proof.
Court disposition
Contingent claims may be admitted against the estate.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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