Tadros & Anor v Barratt & Ors [2014] EWHC 2860 (Ch) (21 August 2014)

Tadros & Anor v Barratt & Ors [2014] EWHC 2860 (Ch) (21 August 2014)

The court held that England is the natural forum for the dispute between the Claimants and the Second Defendant regarding both wills, and that the Second Defendant's continuation of Dutch proceedings would be vexatious and oppressive. However, the Foundation, as a separate legal entity directly affected only by the Dutch will, is entitled to litigate in the Netherlands, its natural forum, and its conduct is not vexatious or oppressive. Therefore, an anti-suit injunction is granted against the Second Defendant but refused against the Foundation.

Citation
[2014] EWHC 2860 (Ch)
Parties
Claimant: Nabil Tadros; Claimant: Izzat Tadros; Defendant: Simon Dennis Barratt; Defendant: Tzesi Karra; Defendant: Fouad Abdo Tadros; Defendant: Gracy Lewis Tadros; Defendant: Wedad Lewis Tadros; Defendant: Georgette Lewis Tadros; Defendant: Robert Lewis Tadros; Defendant: Samir Joseph Tadros; Defendant: Stichting Dr Basile Khoudokormoff Charitable Foundation for Orphans
Jurisdiction
England and Wales
Judgment Date
21 August 2014
Procedural Posture
Chancery Probate Dispute / Interlocutory Application for Anti Suit Injunction
Outcome
Anti-suit injunction granted against Second Defendant; refused against Foundation.
Legal Topics
Anti Suit Injunctions, Forum Non Conveniens, Validity of Wills, Domicile, Concurrent Proceedings
Private International Law Probate Succession Anti Suit Injunctions Forum Non Conveniens Validity of Wills Domicile Concurrent Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Nabil Tadros

Claimant

Izzat Tadros

Claimant

Simon Dennis Barratt

Defendant

Tzesi Karra

Defendant

Fouad Abdo Tadros

Defendant

Gracy Lewis Tadros

Defendant

Wedad Lewis Tadros

Defendant

Georgette Lewis Tadros

Defendant

Robert Lewis Tadros

Defendant

Samir Joseph Tadros

Defendant

Stichting Dr Basile Khoudokormoff Charitable Foundation for Orphans

Defendant

Procedural Posture

Chancery Probate Dispute / Interlocutory Application for Anti Suit Injunction

Legal Issues

  1. 1 Whether an anti-suit injunction should restrain Dutch proceedings concerning the estate of Wedad Tadros
  2. 2 Whether England or the Netherlands is the natural forum for disputes about the English and Dutch wills
  3. 3 Whether the conduct of the Second Defendant and the Foundation in pursuing Dutch proceedings is vexatious or oppressive

Ratio Decidendi

The court held that England is the natural forum for the dispute between the Claimants and the Second Defendant regarding both wills, and that the Second Defendant's continuation of Dutch proceedings would be vexatious and oppressive. However, the Foundation, as a separate legal entity directly affected only by the Dutch will, is entitled to litigate in the Netherlands, its natural forum, and its conduct is not vexatious or oppressive. Therefore, an anti-suit injunction is granted against the Second Defendant but refused against the Foundation.

Court Disposition

Anti-suit injunction granted against Second Defendant; refused against Foundation.

Orders

  • Second Defendant restrained from continuing Dutch proceedings regarding the estate of Wedad Tadros.
  • Foundation not restrained; may continue Dutch proceedings.