Barkatali v Davies & Ors [2020] EWHC 753 (Ch) (27 March 2020)

Applicant failed to demonstrate a need for maintenance or a right to possession under the 1975 Act or common law; no serious issue to be tried; interim relief dismissed.

Citation: [2020] EWHC 753 (Ch)
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 / Judgment on Interim Relief
Outcome: Application for interim relief dismissed
Legal Topics: Interim Injunction, Right to Possession, Inheritance (provision for Family and Dependants) Act 1975, Intestacy, Estate Administration

Civil Procedure Inheritance Law Property Law Interim Injunction Right to Possession Inheritance (provision for Family and Dependants) Act 1975 Intestacy Estate Administration

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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 / Judgment on Interim Relief

Legal Issues

1 Whether applicant is entitled to interim relief reinstating possession of flat
2 Whether applicant has a right to remain in the flat under the Inheritance (Provision for Family and Dependants) Act 1975
3 Whether applicant had a better right to possession than respondent at time of eviction

Ratio Decidendi

Applicant failed to demonstrate a need for maintenance or a right to possession under the 1975 Act or common law; no serious issue to be tried; interim relief dismissed.

Court Disposition

Application for interim relief dismissed