Wahab v Khan & Ors [2011] EWHC 908 (Ch) (12 April 2011)

Wahab v Khan & Ors [2011] EWHC 908 (Ch) (12 April 2011)

It was not an abuse of process merely to bring the second claim for revocation of probate after the first was struck out for procedural default and delay; the appropriate remedy is to stay the second claim until the costs of the first claim are paid, not to strike it out entirely.

Citation
[2011] EWHC 908 (Ch)
Parties
Appellant/claimant: Ghouse Abdul Wahab; Respondent/defendant: Amir Khan; Respondent/defendant: Mohammed Jamal; Respondent/defendant: Usman Tariq; Respondent/defendant: Muhammed Akhtar
Jurisdiction
England and Wales
Judgment Date
12 April 2011
Procedural Posture
Probate Appeal / Appeal From Order Striking Out Claim
Outcome
Appeal allowed
Legal Topics
Abuse of Process, Revocation of Probate, Striking Out Claims, Costs Orders, Successive Claims
Civil Procedure Probate Abuse of Process Revocation of Probate Striking Out Claims Costs Orders Successive Claims

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Parties

Ghouse Abdul Wahab

Appellant/claimant

Amir Khan

Respondent/defendant

Mohammed Jamal

Respondent/defendant

Usman Tariq

Respondent/defendant

Muhammed Akhtar

Respondent/defendant

Procedural Posture

Probate Appeal / Appeal From Order Striking Out Claim

Legal Issues

  1. 1 Whether the second claim for revocation of probate was an abuse of process
  2. 2 Whether striking out the second claim was appropriate or whether a stay pending payment of costs was the correct remedy

Ratio Decidendi

It was not an abuse of process merely to bring the second claim for revocation of probate after the first was struck out for procedural default and delay; the appropriate remedy is to stay the second claim until the costs of the first claim are paid, not to strike it out entirely.

Court Disposition

Appeal allowed

Orders

  • Permission to appeal granted and appeal allowed.
  • Order substituted: Mr Wahab to pay £5,000 costs within 14 days, failing which the second claim is struck out.