Graham v Graham [2021] NICh 22 (22 November 2021)

Graham v Graham [2021] NICh 22 (22 November 2021)

Both the writ action and the originating summons are struck out as an abuse of process because Matthew Graham had full knowledge of the facts and failed to bring or reserve these claims during the earlier Chancery proceedings, and is now seeking to litigate piecemeal, causing vexation and duplicative litigation.

Citation
[2021] NICh 22
Parties
Plaintiff/respondent: Matthew Graham; Defendant/applicant: Ernest Graham (as the personal representative of Beryl Mildred Graham, Deceased)
Jurisdiction
Northern Ireland
Judgment Date
22 November 2021
Procedural Posture
Application to Strike Out Proceedings / Judgment on Application to Strike Out
Outcome
Both the writ action and the originating summons are struck out as an abuse of process.
Legal Topics
Issue Estoppel, Abuse of Process, Inheritance (provision for Family and Dependants) (northern Ireland) Order 1979, Proprietary Estoppel, Testamentary Capacity, Undue Influence
Civil Procedure Wills and Probate Equity Issue Estoppel Abuse of Process Inheritance (provision for Family and Dependants) (northern Ireland) Order 1979 Proprietary Estoppel Testamentary Capacity +1 more

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Parties

Matthew Graham

Plaintiff/respondent

Ernest Graham (as the personal representative of Beryl Mildred Graham, Deceased)

Defendant/applicant

Procedural Posture

Application to Strike Out Proceedings / Judgment on Application to Strike Out

Legal Issues

  1. 1 Whether the proceedings should be struck out on the basis of issue estoppel
  2. 2 Whether the proceedings should be struck out as an abuse of process

Ratio Decidendi

Both the writ action and the originating summons are struck out as an abuse of process because Matthew Graham had full knowledge of the facts and failed to bring or reserve these claims during the earlier Chancery proceedings, and is now seeking to litigate piecemeal, causing vexation and duplicative litigation.

Court Disposition

Both the writ action and the originating summons are struck out as an abuse of process.

Orders

  • Both sets of proceedings are struck out.
  • The court will hear the parties in respect of costs.