Roberts (FC) (Appellant) v Gill & Co Solicitors and others (Respondents), [2010] UKSC 22
Location: Case TypesTrust & Executries    
Posted by: Stephen Moore 20/05/2010 17:23
On 25 August 2006, the Appellant applied to amend his claim so as to continue it both in his own personal capacity and on behalf of the estate. The First and Second Respondents resisted the application on the grounds (a) that the amendment was barred as being out of time under section 35 of the Limitation Act 1980 (‘the Act’) and rule 19.5 of the Civil Procedure Rules (‘the CPR’), and (b) that there were no ‘special circumstances’ which entitled the Appellant, as a beneficiary, to continue the claim on behalf of the estate.

The High Court refused the application, holding that there were no special circumstances. The Court of Appeal held by a majority that there were special circumstances but that the amendment was timebarred. The Appellant appealed.

The Supreme Court unanimously dismissed the appeal. Lord Collins gave the leading judgment, dismissing the appeal on the basis that the amendment was time-barred. Lords Rodger and Walker agreed with the entirety of Lord Collins’ judgment. Lords Hope and Clarke declined to decide the case on the grounds that the amendment was time-barred but nonetheless ruled in favour of the First and Second Respondents on the ground that there were no special circumstances which entitled the Appellant to carry on the claim on behalf of the estate.
Court: UK Supreme Court (UK)
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