Amirtharaja & Anor v White & Anor [2020] EWHC 1507 (Ch) (08 April 2020)

Amirtharaja & Anor v White & Anor [2020] EWHC 1507 (Ch) (08 April 2020)

The erroneous inclusion of a deceased claimant did not invalidate the claim brought by surviving registered proprietors. The conduct was not so egregious as to justify striking out the claim at this stage; amendment to parties and grounds of appeal is permitted to address abuse of process arguments at the substantive hearing.

Citation
[2020] EWHC 1507 (Ch)
Parties
Appellant/defendant: Merwin Amirthan Amirtharaja; Appellant/defendant: Jennifer Shiromi Amirtharaja; Respondent/claimant: William Cecil White; Respondent/claimant: Colin White; Respondent/claimant: Frances White
Jurisdiction
England and Wales
Judgment Date
08 April 2020
Procedural Posture
Appeal / Interlocutory Judgment on Applications to Strike Out and Amend Parties
Outcome
Application to strike out claim rejected; application to remove deceased claimant as party allowed in part; amendment to grounds of appeal permitted.
Legal Topics
Abuse of Process, Rectification of Land Register, Party Status, Appeal Procedure
Property Law Civil Procedure Abuse of Process Rectification of Land Register Party Status Appeal Procedure

Case Brief

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Parties

Merwin Amirthan Amirtharaja

Appellant/defendant

Jennifer Shiromi Amirtharaja

Appellant/defendant

William Cecil White

Respondent/claimant

Colin White

Respondent/claimant

Frances White

Respondent/claimant

Procedural Posture

Appeal / Interlocutory Judgment on Applications to Strike Out and Amend Parties

Legal Issues

  1. 1 Whether claim brought in name of deceased person is a nullity
  2. 2 Whether erroneous inclusion of deceased as claimant constitutes abuse of process justifying strike out
  3. 3 Whether High Court has jurisdiction to strike out claim at appellate stage

Ratio Decidendi

The erroneous inclusion of a deceased claimant did not invalidate the claim brought by surviving registered proprietors. The conduct was not so egregious as to justify striking out the claim at this stage; amendment to parties and grounds of appeal is permitted to address abuse of process arguments at the substantive hearing.

Court Disposition

Application to strike out claim rejected; application to remove deceased claimant as party allowed in part; amendment to grounds of appeal permitted.

Orders

  • Late Mr White to cease to be a respondent to the appeal pursuant to Rule 19.2(3) of the Civil Procedure Rules.
  • Permission granted to amend grounds of appeal to include abuse of process arguments.