Amirtharaja & Anor v White & Anor

Amirtharaja & Anor v White & Anor

The conduct of the respondents and their solicitor, while negligent, was not so egregious as to justify the exceptional step of striking out the claim. The claim by the surviving registered proprietors remains valid, and the presence of the deceased claimant does not invalidate the proceedings. The appropriate course is to remove the deceased claimant as a party and allow the appeal to proceed on its merits, including arguments on abuse of process.

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
Civil Appeal / Interlocutory Application on Appeal
Outcome
Application to strike out the claim refused; application to remove deceased claimant as party allowed in part; permission granted to amend grounds of appeal.
Legal Topics
Abuse of Process, Striking Out Claim, Amendment of Parties, Registration of Land Title
Civil Procedure Property Law Abuse of Process Striking Out Claim Amendment of Parties Registration of Land Title

Case Brief

Summary, issues, holding and outcome

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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

Civil Appeal / Interlocutory Application on Appeal

Legal Issues

  1. 1 Whether the claim should be struck out as an abuse of process due to inclusion of a deceased claimant
  2. 2 Whether the presence of a deceased person as a claimant invalidates the entire claim
  3. 3 Whether the court should amend the parties to remove the deceased claimant

Ratio Decidendi

The conduct of the respondents and their solicitor, while negligent, was not so egregious as to justify the exceptional step of striking out the claim. The claim by the surviving registered proprietors remains valid, and the presence of the deceased claimant does not invalidate the proceedings. The appropriate course is to remove the deceased claimant as a party and allow the appeal to proceed on its merits, including arguments on abuse of process.

Court Disposition

Application to strike out the claim refused; application to remove deceased claimant as party allowed in part; permission granted to amend grounds of appeal.

Orders

  • The late Mr William White is removed as a respondent to the appeal pursuant to Rule 19.2(3) of the Civil Procedure Rules.
  • Permission granted to amend the grounds of appeal to include arguments on abuse of process.