Barkatali v Davies & Ors

Barkatali v Davies & Ors

Mr Barkatali failed to demonstrate a need for maintenance or a serious issue to be tried under the 1975 Act, and had no right to possession of the flat against the wishes of the estate. Interim relief was therefore refused.

Parties
Applicant: Haroon Rasheed Barkatali; First Respondent: Remmie Christopher Augustine Davies; Second Respondent: HSBC UK Bank PLC; Third Respondent: Elderbridge Limited
Jurisdiction
England and Wales
Judgment Date
27 March 2020
Procedural Posture
Application for Interim Injunction / Ruling on Application for Interim Relief
Outcome
Application for interim relief dismissed
Legal Topics
Interim Injunctions, Intestacy, Right to Possession, Inheritance (provision for Family and Dependants) Act 1975
Civil Procedure Succession Law Property Law Interim Injunctions Intestacy Right to Possession Inheritance (provision for Family and Dependants) Act 1975

Case Brief

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Parties

Haroon Rasheed Barkatali

Applicant

Remmie Christopher Augustine Davies

First Respondent

HSBC UK Bank PLC

Second Respondent

Elderbridge Limited

Third Respondent

Procedural Posture

Application for Interim Injunction / Ruling on Application for Interim Relief

Legal Issues

  1. 1 Whether the applicant is entitled to interim relief to regain possession of the flat under the Inheritance (Provision for Family and Dependants) Act 1975
  2. 2 Whether the applicant has a better right to possession than the respondent after eviction
  3. 3 Whether the applicant has a need for maintenance justifying an order under the 1975 Act

Ratio Decidendi

Mr Barkatali failed to demonstrate a need for maintenance or a serious issue to be tried under the 1975 Act, and had no right to possession of the flat against the wishes of the estate. Interim relief was therefore refused.

Court Disposition

Application for interim relief dismissed

Orders

  • Application for interim relief dismissed
  • Further submissions to be heard regarding access to remove belongings and costs