INGALL V MORAN

(1944) JELR 80274 (KB)    
King's Bench  ·  5 Apr 1944 ·  United Kingdom
 · 
Other Citations
(1944) 1 All RR 97, [1944] KB 160.
CORAM
SCOTT LJ
Editorial Summary
Ratio: The plaintiff had issued a writ in 1942 as administrator of his deceased son’s estate. However, he did not take out letters of administration until the November. It was said that proceedings instituted by an applicant who at the time had no standing to institute those proceedings were an incurable nullity. The limitation period had by then expired. Held: The grant did not date back to the date of death, and it was too late to issue fresh proceedings or to amend
Core Terms Beta
action
rules of the supreme court
valid action
writ
amendment
application
cause of action
claim
common law maxim
conclusion
conversion
court
date
death
deceased lad
defendant
defendant’s application
defendant’s tort
divorce
estate of the deceased
fair compensation
grant
judgment
judgment of the learned county court judge
letters of administration
measure of his damages
moment
november
opinion
original writ of september
persona
personal writ
plaintiff
plaintiff’s failure
pleadings
president of the probate
prima facie
production of the non-existent letters of administration
representative action
respect
rights of defence
scott lj
september
shadow of title
son’s surviving
subsequent proceedings
such loss of expectation of life
supposed action
time of writ
title

SCOTT LJ (reading the judgment)

‘The cause of action arose, and was vested in the deceased lad, at the moment when he was injured, and the measure of his damages included fair compensation for such loss of expectation of life as was caused to him by the defendant’s tort. That chose in action was his. To it the common law maxim ‘Actio personalis moritur cum persona’ would have applied on his death but for the Act of 1934 which caused it to survive. If he had left a will, it would at the moment of his death automatically have vested in his executor. As he died intestate, it vested in the President of the Probate, Divorce and Admiralty Division, and remained in him until letters of administration were issued. Then – and not before – it would automatically pass from the President to the administrator. As the writ was issued on September 17, 1942, and there was no grant till November, it follows, necessarily, that at the time of writ issued the plaintiff had no shadow of title to his son’s …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login