Shirazi v Susa Holdings Establishment & Anor [2022] EWHC 477 (Ch) (04 March 2022)

Shirazi v Susa Holdings Establishment & Anor [2022] EWHC 477 (Ch) (04 March 2022)

Mrs Shirazi meets the criteria under CPR 21.4(3) to act as litigation friend: she can fairly and competently conduct proceedings on behalf of the claimant, has no interest adverse to him, and there is no sufficient evidence of incapacity or undue influence. The application to remove her is not justified and should be exceptional; no grounds have been established to warrant her removal.

Citation
[2022] EWHC 477 (Ch)
Parties
Claimant: Hossein Chaharsough Shirazi (by his Litigation Friend Leila Golesorkhi-Shirazi); First Defendant: Susa Holdings Establishment; Second Defendant: Susa Holdings Limited
Jurisdiction
England and Wales
Judgment Date
04 March 2022
Procedural Posture
Chancery Division Property Trusts and Probate / Interlocutory Application to Remove Litigation Friend
Outcome
Application dismissed
Legal Topics
Litigation Friend Removal, Capacity, Conflict of Interest, Best Interests of Protected Party, Civil Procedure Rules Part 21
Civil Procedure Trusts and Estates Property Law Litigation Friend Removal Capacity Conflict of Interest Best Interests of Protected Party Civil Procedure Rules Part 21

Case Brief

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Parties

Hossein Chaharsough Shirazi (by his Litigation Friend Leila Golesorkhi-Shirazi)

Claimant

Susa Holdings Establishment

First Defendant

Susa Holdings Limited

Second Defendant

Procedural Posture

Chancery Division Property Trusts and Probate / Interlocutory Application to Remove Litigation Friend

Legal Issues

  1. 1 Whether Mrs Shirazi should be removed as litigation friend for the claimant under CPR Part 21
  2. 2 Whether Mrs Shirazi can fairly and competently conduct proceedings on behalf of the claimant
  3. 3 Whether Mrs Shirazi has an interest adverse to the claimant

Ratio Decidendi

Mrs Shirazi meets the criteria under CPR 21.4(3) to act as litigation friend: she can fairly and competently conduct proceedings on behalf of the claimant, has no interest adverse to him, and there is no sufficient evidence of incapacity or undue influence. The application to remove her is not justified and should be exceptional; no grounds have been established to warrant her removal.

Court Disposition

Application dismissed

Orders

  • The application to remove Mrs Shirazi as litigation friend is dismissed.