By an application notice the First Defendant, Syleta Monica Susan Samuel, applies for an order that a probate claim brought by her sister, Merlina Jacqueline Samuel, be struck out as an abuse of process pursuant to CPR r 3.4(2)(b). Shortly stated, the basis for the application is that Merlina was a party to a probate claim brought by their brother Christopher in 2012 seeking substantially the same relief as that now sought by Merlina and that Merlina could and should have sought the relief she is now seeking in those earlier proceedings.
Judges:
Teverson M
Citations:
[2018] EWHC 3513 (Ch)
Links:
Statutes:
Civil Procedure Rules 3.4(2)(b)
Jurisdiction:
England and Wales
Wills and Probate
Updated: 21 January 2023; Ref: scu.632195