Ghafoor & Ors v Cliff & Ors [2006] EWHC 825 (Ch) (11 April 2006)

Ghafoor & Ors v Cliff & Ors [2006] EWHC 825 (Ch) (11 April 2006)

The grant of administration ad colligenda bona was improperly obtained without notice to the claimants, based on material misrepresentations and a lack of independence by the administrators. The claimants were entitled to revocation and to their costs, as the administrators' conduct rendered their position untenable and the usual order for costs should follow.

Citation
[2006] EWHC 825 (Ch)
Parties
Claimant: Qamer Raza Ghafoor; Claimant: Shahid Raza Ghafoor; Claimant: Amjed Raza Ghafoor; Defendant: Richard John Cliff; Defendant: Karen Nicola Spencer; Defendant: Tasneem Akhtar Farooqi
Jurisdiction
England and Wales
Judgment Date
11 April 2006
Procedural Posture
Probate/chancery / Costs Determination Following Revocation of Grant of Administration Ad Colligenda Bona
Outcome
Claimants entitled to revocation of the grant and to their costs against the administrators (defendants).
Legal Topics
Revocation of Grant of Administration, Costs Orders, Non Contentious Probate Rules, Duties of Administrators, Disclosure Obligations, Without Notice Applications
Probate Civil Procedure Revocation of Grant of Administration Costs Orders Non Contentious Probate Rules Duties of Administrators Disclosure Obligations Without Notice Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Qamer Raza Ghafoor

Claimant

Shahid Raza Ghafoor

Claimant

Amjed Raza Ghafoor

Claimant

Richard John Cliff

Defendant

Karen Nicola Spencer

Defendant

Tasneem Akhtar Farooqi

Defendant

Procedural Posture

Probate/chancery / Costs Determination Following Revocation of Grant of Administration Ad Colligenda Bona

Legal Issues

  1. 1 Whether the grant of administration ad colligenda bona should have been made without notice to the claimants
  2. 2 Whether the administrators (defendants) failed in their duty of disclosure and independence
  3. 3 Whether the claimants are entitled to costs following revocation of the grant

Ratio Decidendi

The grant of administration ad colligenda bona was improperly obtained without notice to the claimants, based on material misrepresentations and a lack of independence by the administrators. The claimants were entitled to revocation and to their costs, as the administrators' conduct rendered their position untenable and the usual order for costs should follow.

Court Disposition

Claimants entitled to revocation of the grant and to their costs against the administrators (defendants).

Orders

  • Grant of administration ad colligenda bona to Mr Cliff and Mrs Spencer revoked.
  • Claimants and Mrs Farooqi to use best endeavours to apply for and obtain a grant of representation as soon as practicable.