Re Tatum

JurisdictionJamaica
Judge(Robinson, P., Zacca and Henry, JJ.A.)
Judgment Date01 January 1952
Date01 January 1952
CourtCourt of Appeal (Jamaica)
Court of Appeal of Jamaica

(Robinson, P., Zacca and Henry, JJ.A.)

IN THE ESTATE OF TATUM
IN THE ESTATE OF SCOTT

N.W. Hill, Q.C. and C.S. Gill for the applicants.

Cases cited:

(1) Jeffrey v. Kent County Council, [1958] 1 W.L.R. 927; [1958] 3 All E.R. 155, observations of Paull J. applied.

(2) Leggott v. Great N. Ry. Co.ELR(1876), 1 Q.B.D. 599; [187480] All E.R. Rep. 625, observations of Quain J. applied.

Legislation construed:

Fatal Accidents Law (Laws of the Cayman Islands, 1963, cap. 54), s.4(1): The relevant terms of this sub-section are set out at page 327, lines 3133.

Grand Court Law (Law 8 of 1975), s.13: The relevant terms of this section are set out at page 327, lines 89.

s.20(2): The relevant terms of this sub-section are set out at page 327, lines 1217.

Law of Torts Reform Law, s.4(1):

Every action brought under section 3 shall be for the benefit of a dependant or dependants of the person whose death has been so caused and shall be brought in the name of his personal representatives . . . .

Provided always that. . . every such action shall be commenced within one year of the death of such deceased person.

Succession Law, 1975 (Law 18 of 1975), s.12(1):

The Clerk of the Court shall, immediately after any application made to the Court for administration of the estate of any deceased person, cause notice thereof . . . and no administration shall be granted by the Court until the expiration of twenty-one days from the day of the application for the grant, nor, unless the same is unopposed, shall administration be granted except upon the judgment of the Court.

s.26: When a person dies intestate his estate, until administration is granted in respect thereof, shall vest in the Judge of the Grand Court.

Fatal Accidents Act 1846 (9 & 10 Vict., c.93), s.2: The relevant terms of this section are set out at page 327, lines 3940.

Supreme Court of Judicature (Consolidation) Act 1925 (15 & 16 Geo. V, c.49), s.162(1), proviso (b), as added by Administration of Justice Act 1928, s.19(1) and Schedule I: The relevant terms of this paragraph are set out at page 328, line 29 page 329, line 4.

Succession-administrators-letters of administration-no grant of letters for purpose of administration of estate under Succession Law, 1975, s.12(1) within 21 days of application-may grant application for appointment of administrator ad litem to pursue fatal accident claim since for benefit of dependants not for administration of estate

Tort-fatal accidents-proper plaintiffs-may be personal representatives of deceased (Law of Torts Reform Law, s.4(1)), dependant or nominee if no personal representative (via English law), or administrator ad litem appointed by court under inherent jurisdiction as necessary or expedient

The applicants applied to the Grand Court for letters of administration to enable them to pursue fatal accident claims for the benefit of the dependants of deceased persons.

The applicants applied under s.12 of the Succession Law, 1975 to be appointed administrators ad litem so that they might bring fatal accident claims within the limitation period of one year prescribed by the Law of Torts Reform Law, s.4(1). The Grand Court (Summerfield, C.J.) refused the applications since, although he accepted that the limitation period for bringing the claims had almost expired, the 21-day period from the date of the application under the Succession Law had not elapsed and the court had no power to abridge it.

The applicants appealed on the grounds that (a) the purpose of the present application for administration ad litem was not the same as that contemplated by s.12 of the Succession Law and was not caught by that section; and (b) in any case, the Grand Court had ample alternative powers to make such an appointment.

Held, allowing the appeals:

(1) A grant of administration ad litem for the sole purpose of enabling the applicants to bring a fatal accident claim...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT