[2025] EWHC 2485 (Ch)

This is my judgment on five applications made in two claims, part of sprawling litigation between the parties which spans almost forty years. In this jurisdiction alone, that litigation has so far involved the county court and the High Court (on multiple occasions), the Court of Appeal (on three occasions) and the Supreme Court (on one occasion). There is also litigation involving third parties, and litigation in other countries.

The main protagonists are two brothers, Iftikhar Malik and Vaqar Malik. They are both Pakistani in origin, and Iftikhar remains resident in Pakistan. But Vaqar is also a British citizen and lives in London. The main object of the litigation appears to be a valuable flat in a prestigious block in central London. The flat is registered in the name of Iftikhar. But Vaqar has for many years now been in occupation and claims the right to remain there. The battleground is the business empire, based on carpets, largely created by their father, Bilal Ahmed Malik.

Because almost all the parties have the same family or surname, I will, without intending any discourtesy, refer to them by their first or given names. The family included Bilal Ahmed Malik and his wife Taj Begum Malik, and their five children, Iftikhar, Sarfraz, Ilyas, Vaqar and Ayesha (who is the only daughter). Both Bilal and Taj are now dead. Taj died in 2004 and Bilal in 2014. But, so far as I am aware, no steps have been taken in the 1987 English Partnership Action (in which they were defendants) to apply for their estates to be represented. Because of the further legal proceedings which have been taken, I should mention that Vaqar married Saira, and they have children, including Fahim and Rahim.

Four of the five applications now before me are made in a claim which was commenced by Vaqar in 2019, under reference BL-2019-001900 (“the 2019 English Partnership Claim”). The remaining one, extraordinarily, is made in a claim which was also brought by Vaqar, and which began as long ago as 1987, under reference CH 1987-M-No. 4627 (“the 1987 English Partnership Action”). These two sets of proceedings are together referred to as the Partnership Proceedings, to distinguish them from other litigation between the same parties, which are claims for possession of a central London residential property referred to below (“the Possession Proceedings”).

I mention here for completeness that Vaqar also launched proceedings in Pakistan in 1987 (“the 1987 Pakistani Partnership Action”). This action was struck out on 7 May 1988. Vaqar appealed the strike out, but in fact withdrew the whole action on 20 May 1999. And Vaqar in addition launched proceedings in Pakistan against his siblings and others relating to the succession to their father’s estate in 2019. I refer to these proceedings further below. But they are not relevant to what I have to decide.