Richard Dew successful in application to remove litigation friend
8th Mar 2022
Richard Dew successfully resisted an application to remove the Claimant’s wife from acting as his litigation friend in Shirazi v Susa Holdings Establishment & Anor [2022] EWHC 477 (Ch).
The family dispute concerns substantial transfers to entities controlled by the Claimant’s son, at a time when it is alleged the Claimant lacked capacity. The Claimant’s wife was appointed as his curator in Switzerland in 2019 with authority to recover his assets in that and other jurisdictions, something which the Defendant unsuccessfully contested. The Defendant (represented by Alexander Learmonth KC) then applied to have the wife removed as litigation friend in England on the basis that she was mentally impaired and, in any event, lacked the sophistication to conduct proceedings on behalf of the Claimant, essentially the same grounds that had been run in Switzerland.
Chief Master Shuman rejected the application. Having reviewed the authorities a court should consider on an application to terminate a litigation friend’s appointment, the judge held the “inexorable conclusion” was that the Claimant’s wife could conduct the litigation fairly and competently on behalf of the Claimant.
The full judgment can be read here.
Richard Dew
Call 1999
