Raqeeb, R (On the Application Of) v Begum & Anor

Raqeeb, R (On the Application Of) v Begum & Anor

There is no evidence that XX has failed to fairly and competently conduct proceedings or has interests adverse to Tafida; familial love and religious beliefs do not automatically render a litigation friend unsuitable, and removal at this late stage would unjustifiably delay proceedings and harm Tafida's interests.

Parties
Claimant: Tafida Raqeeb (by her Litigation Friend XX); Defendant: Barts Health NHS Trust; Interested Parties: Shelina Begum and Mohammed Raqeeb
Jurisdiction
England and Wales
Judgment Date
11 November 2019
Procedural Posture
Judicial Review / Ruling on Application to Terminate Litigation Friend
Outcome
Application dismissed
Legal Topics
Litigation Friend Appointment, Judicial Review, Children's Rights, Religious Beliefs in Litigation, Costs Orders
Civil Procedure Administrative Law Family Law Litigation Friend Appointment Judicial Review Children's Rights Religious Beliefs in Litigation Costs Orders

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Parties

Tafida Raqeeb (by her Litigation Friend XX)

Claimant

Barts Health NHS Trust

Defendant

Shelina Begum and Mohammed Raqeeb

Interested Parties

Procedural Posture

Judicial Review / Ruling on Application to Terminate Litigation Friend

Legal Issues

  1. 1 Whether XX should be discharged as Tafida's litigation friend in judicial review proceedings
  2. 2 Whether familial love and religious beliefs constitute interests adverse to the child
  3. 3 Whether there has been a material change in circumstances justifying removal of litigation friend

Ratio Decidendi

There is no evidence that XX has failed to fairly and competently conduct proceedings or has interests adverse to Tafida; familial love and religious beliefs do not automatically render a litigation friend unsuitable, and removal at this late stage would unjustifiably delay proceedings and harm Tafida's interests.

Court Disposition

Application dismissed

Orders

  • XX remains litigation friend for Tafida Raqeeb in judicial review proceedings
  • Barts Health NHS Trust to pay costs of XX and interested parties occasioned by the application, assessed on standard basis if not agreed