Abood v Tayeb
The appeal fails because the Consent Order concluded the original proceedings, the estate had no interest in the Shake Trust monies, and there was no evidentiary basis for the claim regarding the TRT Contract. The relief sought would serve no useful purpose and would be oppressive.
- Parties
- Claimant/appellant: Kawther Al Abood; Defendant/respondent: Nezhet Tayeb
- Jurisdiction
- England and Wales
- Judgment Date
- 27 July 2005
- Procedural Posture
- Appeal / Judgment on Appeal From Master Moncaster
- Outcome
- Appeal dismissed
- Legal Topics
- Appointment of Personal Representative, Executor Duties, Account of Estate, Disclosure of Information, Foreign Assets
Case Brief
Summary, issues, holding and outcome
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Parties
Kawther Al Abood
Claimant/appellant
Nezhet Tayeb
Defendant/respondent
Procedural Posture
Appeal / Judgment on Appeal From Master Moncaster
Legal Issues
- 1 Whether the Claimant is entitled to orders for accounts and information relating to the Testator’s worldwide assets, particularly foreign assets
- 2 Whether the Consent Order concluded the proceedings commenced by the 2000 Application
- 3 Whether the Claimant can seek relief in respect of specific payments and accounts on appeal
Ratio Decidendi
The appeal fails because the Consent Order concluded the original proceedings, the estate had no interest in the Shake Trust monies, and there was no evidentiary basis for the claim regarding the TRT Contract. The relief sought would serve no useful purpose and would be oppressive.
Court Disposition
Appeal dismissed
Orders
- No further orders for account or disclosure
- No relief granted in respect of TRT Contract or Shake Trust accounts
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