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Professional negligence actions against solicitor firms did not survive death of client
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The High Court struck out proceedings against two solicitor firms alleging professional negligence in a proposed medical negligence action, where the alleged injured party had since died. The plaintiffs, closely related to a deceased client of the defendants, failed to establish legal standing as they had not been appointed attorneys via a registered Power of Attorney, nor representatives of the client's estate. The court determined that any potential claim died with the client or became statute-barred, rendering the plaintiffs' claims unsustainable and bound to fail.
Professional negligence, solicitor firms, reasonable cause of action, legal standing, Enduring Power of Attorney, estate, statute-barred, Civil Liability Act 1961, medical negligence, personal injury, executor, High Court, Rules of the Superior Courts (RSC), O. 19, r. 28, inherent jurisdiction, dismissal of proceedings.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
