Gardiner v Tabe & Anor

Gardiner v Tabe & Anor

Disclosure from the non-party respondents is ordered for specific categories of documents, as they are relevant and necessary for the fair disposal of the claim, particularly given the quasi-inquisitorial nature of probate proceedings and the lack of direct knowledge by the defendants. The court exercises its discretion to order disclosure limited to documents likely to evidence the deceased's testamentary intentions, capacity, and signature authenticity.

Parties
Claimant: Dr Mary-Ann Gardiner; Defendant: Mr Mark Alexander Tabet; Defendant: Ms Maia Tabet; Non Party Respondent: Mr Jamal Hammoud; Non Party Respondent: Mr Moshin Lakhim
Jurisdiction
England and Wales
Judgment Date
12 June 2020
Procedural Posture
Probate Claim / Ruling on Non Party Disclosure Application
Outcome
Application granted in part
Legal Topics
Non Party Disclosure, Validity of Will, Testamentary Capacity, Knowledge and Approval, Handwriting Evidence
Probate Civil Procedure Non Party Disclosure Validity of Will Testamentary Capacity Knowledge and Approval Handwriting Evidence

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Parties

Dr Mary-Ann Gardiner

Claimant

Mr Mark Alexander Tabet

Defendant

Ms Maia Tabet

Defendant

Mr Jamal Hammoud

Non Party Respondent

Mr Moshin Lakhim

Non Party Respondent

Procedural Posture

Probate Claim / Ruling on Non Party Disclosure Application

Legal Issues

  1. 1 Whether non-party disclosure should be ordered under CPR 31.17
  2. 2 Whether the documents sought are relevant and necessary for fair disposal of the claim
  3. 3 Whether the deceased signed the Will

Ratio Decidendi

Disclosure from the non-party respondents is ordered for specific categories of documents, as they are relevant and necessary for the fair disposal of the claim, particularly given the quasi-inquisitorial nature of probate proceedings and the lack of direct knowledge by the defendants. The court exercises its discretion to order disclosure limited to documents likely to evidence the deceased's testamentary intentions, capacity, and signature authenticity.

Court Disposition

Application granted in part

Orders

  • Respondents to serve a disclosure statement listing and disclosing: (a) written communications between themselves and with the claimant from 21 May 2017 to 21 July 2017 (excluding call logs); (b) all hard and soft copies of any will, draft will, or written instructions for a will made by or at the request of Eric...