Steven & Anor v Hewats & Ors [2013] ScotCS CSOH_60 (25 April 2013)

Steven & Anor v Hewats & Ors [2013] ScotCS CSOH_60 (25 April 2013)

Where no loss has been sustained during the lifetime of the deceased, there is nothing that can transmit to the executor and form the basis of an action by the latter; the executors' action is irrelevant and falls to be dismissed.

Citation
[2013] ScotCS CSOH_60
Parties
Pursuers: Mrs Katherine Steven and Douglas Steven, as Executors of the late Mrs Agnes Thomson Milligan; First Defender: Hewats; Second Defender: Stephen Rodney Govier; Third Defender: Robert Ritchie Myles; Fourth Defender: Neil Cavers; Fifth Defender: Andrew James Malone; Sixth Defender: Charles Alexander Laurie
Jurisdiction
Scotland
Judgment Date
25 April 2013
Procedural Posture
Civil Reparation (professional Negligence) / Procedure Roll Debate (motion to Dismiss)
Outcome
Action dismissed as irrelevant (subject to further procedure for linked case)
Legal Topics
Transmission of Claims to Executors, Duty of Care of Solicitors, Inheritance Tax Liability, Gift With Reservation of Benefit, White V Jones Principle
Professional Negligence Succession Law Tax Law Transmission of Claims to Executors Duty of Care of Solicitors Inheritance Tax Liability Gift With Reservation of Benefit White V Jones Principle

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Parties

Mrs Katherine Steven and Douglas Steven, as Executors of the late Mrs Agnes Thomson Milligan

Pursuers

Hewats

First Defender

Stephen Rodney Govier

Second Defender

Robert Ritchie Myles

Third Defender

Neil Cavers

Fourth Defender

Andrew James Malone

Fifth Defender

Charles Alexander Laurie

Sixth Defender

Procedural Posture

Civil Reparation (professional Negligence) / Procedure Roll Debate (motion to Dismiss)

Legal Issues

  1. 1 Whether executors can sue for loss arising after death due to alleged pre-death negligence of solicitors
  2. 2 Whether a loss not sustained during deceased's lifetime can transmit to executors for reparation

Ratio Decidendi

Where no loss has been sustained during the lifetime of the deceased, there is nothing that can transmit to the executor and form the basis of an action by the latter; the executors' action is irrelevant and falls to be dismissed.

Court Disposition

Action dismissed as irrelevant (subject to further procedure for linked case)

Orders

  • Sustains first plea in law for defenders and dismisses the action; parties to address further procedure in linked action.