Ahmed & Ors v Khan [2010] EWCA Civ 290 (23 March 2010)

Ahmed & Ors v Khan [2010] EWCA Civ 290 (23 March 2010)

The judge correctly applied the legal test for strike out applications, found the wife's pleadings disclosed a reasonable cause of action for constructive trusts, and was entitled to refuse to strike out the claims. The application for permission to appeal was refused as the appeal had no real prospect of success...

Source-derived case information.

Citation
[2010] EWCA Civ 290
Parties
Appellant: Ahmed & Ors; Respondent: Khan
Jurisdiction
England and Wales
Judgment Date
23 March 2010
Procedural Posture
Appeal (civil) / Application for Permission to Appeal From High Court Decision on Strike Out of Pleadings in Ancillary Relief Proceedings
Outcome
Permission to appeal refused
Legal Topics
Constructive Trusts, Ancillary Relief, Strike Out Applications, Matrimonial Property, Overriding Objective
Family Law Civil Procedure Constructive Trusts Ancillary Relief Strike Out Applications Matrimonial Property Overriding Objective

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Summary, issues, holding and outcome

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Parties

Ahmed & Ors

Appellant

Khan

Respondent

Procedural Posture

Appeal (civil) / Application for Permission to Appeal From High Court Decision on Strike Out of Pleadings in Ancillary Relief Proceedings

Legal Issues

  1. 1 Whether the wife's pleadings disclosed a reasonable cause of action for assets held on constructive trust for the husband
  2. 2 Whether the judge applied the correct legal test in refusing to strike out the wife's claims
  3. 3 Whether the judge's approach to the pleadings and the overriding objective was correct

Ratio Decidendi

The judge correctly applied the legal test for strike out applications, found the wife's pleadings disclosed a reasonable cause of action for constructive trusts, and was entitled to refuse to strike out the claims. The application for permission to appeal was refused as the appeal had no real prospect of success and would be disproportionate.

Court Disposition

Permission to appeal refused

Orders

  • Applications for permission to appeal refused
  • Claims in relation to all assets, including the garage plot, allowed to proceed to trial