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Jurisdiction, probate and anti-suit relief

Citation: Adrian Nicholas Morris (Claimant) v (1) Adrian Michael Davies (2) Maria Jozica Dvies (3) Adrienne Maria Catherine Mamber (Defendants) & Clive Vernon Davies (Part 19 Defendant) (2011) [2011] EWHC 1272 (Ch), before Sarah Asplin QC (Sitting as a Deputy High Court Judge).

Hardwicke’s Edward Rowntree succeeded recently in securing an anti-suit injunction on behalf of the Claimant to English probate proceedings (who is one of the named executors of a will) against four members of the deceased’s family who had subsequently commenced separate Belgian proceedings in relation to the deceased’s estate.

The Court was asked to consider, for the first time, the correct application of the principles applying to the grant of anti-suit relief in a matter falling outside the scope of the Brussels Convention, where the Claimant/Applicant was not a party to the material  foreign proceedings. 

Edward is instructed by Mr Stuart Cutting of Wright Hassall LLP.

For more information, please do not hesitate to contact Edward or Senior Practice Manager Paul Horsfield on 020 7691 0048 or paul.horsfield@hardwicke.co.uk.