Miah v Ullah [2021] EWHC 3712 (Ch) (14 December 2021)

The Defendant failed to demonstrate a good reason for not attending the hearing on 4 March 2021 as required by CPR 39.3(5)(b), having been aware of the proceedings and received notice. The application to set aside the order must therefore fail.

Citation: [2021] EWHC 3712 (Ch)
Parties: Claimant: Alfu Miah; Defendant: Montaj Ullah
Jurisdiction: England and Wales
Judgment Date: 14 December 2021
Procedural Posture: Part 8 Claim (probate/intestacy) / Application to Set Aside Order Removing Administrator
Outcome: Application to set aside order refused; costs awarded to Claimant on indemnity basis.
Legal Topics: Removal of Administrator, Setting Aside Judgment, Intestacy, Costs (indemnity Basis)

Probate Civil Procedure Removal of Administrator Setting Aside Judgment Intestacy Costs (indemnity Basis)

Case Brief

Summary, issues, holding and outcome

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Parties

Alfu Miah

Claimant

Montaj Ullah

Defendant

Procedural Posture

Part 8 Claim (probate/intestacy) / Application to Set Aside Order Removing Administrator

Legal Issues

1 Whether the Defendant had a good reason for not attending the hearing on 4 March 2021 under CPR 39.3(5)(b)
2 Whether the Defendant acted promptly and had a reasonable prospect of success under CPR 39.3(5)
3 Whether costs should be awarded on the indemnity basis due to abandoned fraud allegations

Ratio Decidendi

Court Disposition

Application to set aside order refused; costs awarded to Claimant on indemnity basis.

Orders

Defendant's application to set aside the order of 4 March 2021 is dismissed.
Claimant awarded costs on the indemnity basis.