Samuel v Samuel & Ors

Samuel v Samuel & Ors

The claimant misused the court's process by failing to put her position on record in the earlier proceedings and by bringing a second claim on substantially the same grounds, causing unnecessary duplication and vexation; lack of funds does not excuse this misuse.

Parties
Claimant: Merlina Jacqueline Samuel; First Defendant: Syleta Monica Susan Samuel; Second Defendant: Elan Ezekiel Clifton Samuel; Third Defendant: Christopher Terry Glen Samuel; Fourth Defendant: Japeth Fitzroy Samuel; Fifth Defendant: Carlos Alfrido Warwick
Jurisdiction
England and Wales
Judgment Date
17 December 2018
Procedural Posture
Probate Claim / Application to Strike Out Claim as Abuse of Process
Outcome
Claim dismissed as an abuse of process
Legal Topics
Abuse of Process, Finality in Litigation, Probate Proceedings, Testamentary Capacity, Undue Influence
Probate Civil Procedure Abuse of Process Finality in Litigation Probate Proceedings Testamentary Capacity Undue Influence

Case Brief

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Parties

Merlina Jacqueline Samuel

Claimant

Syleta Monica Susan Samuel

First Defendant

Elan Ezekiel Clifton Samuel

Second Defendant

Christopher Terry Glen Samuel

Third Defendant

Japeth Fitzroy Samuel

Fourth Defendant

Carlos Alfrido Warwick

Fifth Defendant

Procedural Posture

Probate Claim / Application to Strike Out Claim as Abuse of Process

Legal Issues

  1. 1 Whether the claimant's probate claim is an abuse of process for raising issues that could and should have been raised in earlier proceedings
  2. 2 Whether failure to participate in earlier proceedings precludes a subsequent claim on the same grounds

Ratio Decidendi

The claimant misused the court's process by failing to put her position on record in the earlier proceedings and by bringing a second claim on substantially the same grounds, causing unnecessary duplication and vexation; lack of funds does not excuse this misuse.

Court Disposition

Claim dismissed as an abuse of process

Orders

  • The claim is struck out as an abuse of process.