Khan v Khan & Anor

Khan v Khan & Anor

The claim was struck out and summary judgment granted for the defendants because the claimant's causes of action had vested in his trustee in bankruptcy, depriving him of standing, and because none of the claims advanced—adverse possession, lien, specific performance, partnership, constructive trust, or proprietary estoppel—had any realistic prospect of success on the facts or law.

Parties
Claimant: Shaukat Ali Khan; First Defendant: Mohammed Ali Khan; Second Defendant: Ambala Foods Limited
Jurisdiction
England and Wales
Judgment Date
21 September 2015
Procedural Posture
Civil / Judgment on Application to Strike Out and for Summary Judgment
Outcome
Claim struck out and summary judgment for defendants
Legal Topics
Abuse of Process, Bankruptcy and Vesting of Causes of Action, Adverse Possession, Lien, Specific Performance, Constructive Trust, Proprietary Estoppel, Limitation of Actions
Civil Procedure Property Law Trusts and Equity Partnership Law Insolvency Abuse of Process Bankruptcy and Vesting of Causes of Action Adverse Possession +5 more

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Parties

Shaukat Ali Khan

Claimant

Mohammed Ali Khan

First Defendant

Ambala Foods Limited

Second Defendant

Procedural Posture

Civil / Judgment on Application to Strike Out and for Summary Judgment

Legal Issues

  1. 1 Whether the claim is an abuse of process due to prior proceedings
  2. 2 Whether the claim should be stayed pending payment of costs from previous proceedings
  3. 3 Whether the claimant has standing to bring the claim post-bankruptcy

Ratio Decidendi

The claim was struck out and summary judgment granted for the defendants because the claimant's causes of action had vested in his trustee in bankruptcy, depriving him of standing, and because none of the claims advanced—adverse possession, lien, specific performance, partnership, constructive trust, or proprietary estoppel—had any realistic prospect of success on the facts or law.

Court Disposition

Claim struck out and summary judgment for defendants

Orders

  • Claim struck out in its entirety
  • Judgment for the defendants pursuant to Part 24 CPR