Brittain v Haghighat & Anor

Brittain v Haghighat & Anor

The application for rehearing was dismissed because the grounds relied upon (absence from court, omitted documents, alleged fraud) did not overcome the estoppel by record created by the prior judgment, and there was no realistic prospect of a different outcome even if the omitted documents were considered. The appropriate forum for challenging the estoppel by record is the Court of Appeal, not a rehearing on a pure point of law.

Parties
Applicant: Louise Brittain; First Respondent: Hamid Dehdashti Haghighat; Second Respondent: Nasrin Dehdashti Haghighat
Jurisdiction
England and Wales
Judgment Date
28 April 2009
Procedural Posture
Bankruptcy Application / Application for Rehearing After Judgment
Outcome
Application for rehearing dismissed
Legal Topics
Abuse of Process, Estoppel by Record, Trusts, Costs, Rehearing Applications
Insolvency Property Law Civil Procedure Abuse of Process Estoppel by Record Trusts Costs Rehearing Applications

Case Brief

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Parties

Louise Brittain

Applicant

Hamid Dehdashti Haghighat

First Respondent

Nasrin Dehdashti Haghighat

Second Respondent

Procedural Posture

Bankruptcy Application / Application for Rehearing After Judgment

Legal Issues

  1. 1 Whether a rehearing should be granted on the preliminary issue regarding beneficial ownership of the property
  2. 2 Whether the 1995 Declaration of Trust was properly considered in prior proceedings
  3. 3 Whether costs orders should be varied

Ratio Decidendi

The application for rehearing was dismissed because the grounds relied upon (absence from court, omitted documents, alleged fraud) did not overcome the estoppel by record created by the prior judgment, and there was no realistic prospect of a different outcome even if the omitted documents were considered. The appropriate forum for challenging the estoppel by record is the Court of Appeal, not a rehearing on a pure point of law.

Court Disposition

Application for rehearing dismissed

Orders

  • Mr Haghighat to pay the Applicant's costs, to be assessed if not agreed
  • No order as to costs for Mrs Haghighat except detailed assessment due to legal aid