Ghafoor & Ors v Cliff & Ors

Ghafoor & Ors v Cliff & Ors

The grant of administration ad colligenda bona was improperly obtained without notice to the claimants, based on material misrepresentations and lack of disclosure in the supporting affidavit. The administrators failed to act independently and did not notify the claimants of the grant. The claimants were entitled to revocation and to their costs against the defendants.

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/administration of Estates / Costs Ruling After Revocation of Grant of Administration Ad Colligenda Bona
Outcome
Claimants' application for costs granted; costs to be paid by all defendants on the standard basis.
Legal Topics
Revocation of Grant of Administration, Costs, Non Contentious Probate Rules, Duties of Disclosure, Without Notice Applications, Independence of Administrators
Probate Civil Procedure Revocation of Grant of Administration Costs Non Contentious Probate Rules Duties of Disclosure Without Notice Applications Independence of Administrators

Case Brief

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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/administration of Estates / Costs Ruling After 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 affidavit in support of the application contained material misrepresentations and non-disclosure
  3. 3 Whether the administrators (defendants) acted with sufficient independence

Ratio Decidendi

The grant of administration ad colligenda bona was improperly obtained without notice to the claimants, based on material misrepresentations and lack of disclosure in the supporting affidavit. The administrators failed to act independently and did not notify the claimants of the grant. The claimants were entitled to revocation and to their costs against the defendants.

Court Disposition

Claimants' application for costs granted; costs to be paid by all defendants on the standard basis.

Orders

  • Defendants to pay the claimants' costs, assessed on the standard basis.
  • Neither the claimants' nor the defendants' costs to be paid out of the estate.