Case No. EWFC-75

of this case extends over 3 ½ years. The husband issued a Form A application in 2018. His Form E was filed on 26th November 2018 with the wife’s being filed on 21st December 2018. On 2nd January 2019 there was a first appointment and on 22nd March 2019 the wife was given permission to join third parties. An FDR was listed before a District Judge on 11th July 2019; he recorded that the hearing could not go ahead due to the ‘wife’s conduct in the litigation’ and so he gave directions. On 28th August 2019 the wife issued her claim form [1] in which she stated that ‘the Claimant brings an action in family proceedings to claim a share of the assets held by the defendants on trust and/or tenants in common and/or joint tenancy of the properties and businesses mentioned in the attached Particulars of Claims…The Claimant seeks a declaration of the nature of the first defendant’s interest in the properties and businesses…under TLATA 1996.’ 30.On 25th September 2019, a defence to the civil proceedings was filed by the husband [18]; he said that he has ‘never at any time had any interest in the property or business situate at 50-52 High Street’ and denied each of the claims. On 26th September 2019 R2 filed her defence [25]; she asserted her ownership of 50-52 High Street and stated: ‘I have never had a business or business interest with Mr Mohammed Alim Uddin who I believe works as an employee at Chandni Restaurant at 50-52 High St.’ On 30th September 2019, R4 (Mr Haque) filed his defence [28] in which he stated: ‘I took the lease from Mrs Rupia Begum on the 1st March 2018 and have been trading as Bluebird Restaurant Ltd since that date. Mr Alim Uddin is an employee of mine who is hard working and an honest person. I pay my rent directly to Mrs Rupia Begum and Mr Uddin has no involvement in this business.’31.R7 filed her defence on the same day, also [33] in which she stated: ‘the land purchase mentioned in Mrs Uddin’s statement was bought jointly by my husband and Mr Uddin but was registered under my name and Mr Uddin, my husband’s uncle….In response to the purchase of 4 Morland Rd, I purchased the property with my brother in law Shakir Jumon on April 22nd 2016 and the mortgage payments are made from our joint mortgage account. Mr Uddin has no involvement or financial interest in this property. I am a single mother of two, who is trying to keep her family happy and content…I have no involvement in the affairs of Mr Uddin or his wife.’ Also on the same day, R8 (Mr Shakir Jumon) filed his defence [35] in which he denied the claims that relate to him and stated that he and his sister-in-law bought 4 Morland Rd – ‘jointly as she and I were unable to purchase any property outright on our own.’32.10th January 2020, a Judge ‘gave permission’ to W to bring a claim under TLATA 1996 and joined R2-R8 as intervenors in the financial remedy proceedings [45]. On 19th March 2020, a judge transferred the proceedings to the Business and Property Court in Bristol [48]. In my opinion and with respect, that is where the procedure went wrong. On 15th September 2020, another Judge directed that the case should remain in the County Court [50]. The case then came before another Judge in the County Court on 18th January 2021 and 7th May 2021, when directions were given. On 24th August 2021, a Judge made further orders for discovery and in relation to costs budgets [64]; he recorded that W’s costs budget was approved at £70,368 plus VAT and that the ‘defendants costs budgets…are approved as stated.’ On 12th November 2021, another Judge transferred the case to the Family Court, where it always belonged, and vacated the six day trial that had been listed to start before him on 4th January 2022 [68]. I then gave directions on 26th November 2021 [71] and, again, on 18th January 2022. On 12th April 2022, I heard the pre-trial review.33.