Zarbafi and others v Zarbafi

Practice – Litigation friend. The claimants were a daughter who acted on her own behalf and as litigation friend for her father. She obtained summary judgment against her brother regarding family properties in which she claimed to have a beneficial interest. The Court of Appeal, Civil Division, allowed the brother's appeal as the judge had not first addressed the question of the daughter's conflict of interest where the competing issues at trial had been whether she and her father both had beneficial interests in the properties or whether the properties were held beneficially for the father alone. Where there was such a clear conflict of interest, the judge should have addressed that question first and determined that the issues were to be tried.

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