Aghabegian v Boscarelli
| Jurisdiction | England & Wales |
| Judge | Lord Justice Kitchin |
| Judgment Date | 10 May 2016 |
| Neutral Citation | [2016] EWCA Civ 962 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | A3/2015/1066 |
| Date | 10 May 2016 |
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
(MRS JUSTICE ROSE)
Royal Courts of Justice
Strand
London, WC2A 2LL
Lord Justice Kitchin
A3/2015/1066
The Appellant appeared in person
The Respondent was not present and was not represented
This is an application by Mr Aghabegian for permission to appeal against the judgment of Rose J given on 9 March 2015 and her consequential order dismissing Mr Aghabegian's application for a freezing order over the assets of Ms Boscarelli and for an order removing Ms Boscarelli as the administrator of the estate of Mrs Irene Aghabegian, their late mother.
Permission to appeal was refused on the papers by Arden LJ by an order dated 30 July 2015. Mr Aghabegian has requested that this decision be reconsidered at an oral hearing which has come on before me today. Mr Aghabegian has appeared upon this application in person.
Mrs Irene Aghabegian died on 24 March 2011 and Ms Boscarelli has at all material times been the sole administrator of her estate. Mr Aghabegian and Ms Boscarelli are the only beneficiaries. Two of the main assets of the estate were two properties referred to as 70 Corringway in Ealing and Flat 3 in Harvey Lodge, W9. Both of these properties were sold by Ms Boscarelli in her capacity as administrator.
Mr Aghabegian contends that Mrs Irene Aghabegian was also the beneficial owner of a flat situated at 26 The Grange, Ealing and that this too became a part of the estate. Mr Aghabegian further contends that the estate comprised valuable personal possessions owned by Mrs Irene Aghabegian including gold coins, jewellery, and antique furniture.
In these proceedings Mr Aghabegian claims that Ms Boscarelli has not acted and is not acting in the best interests of the estate of Mrs Irene Aghabegian; that she has taken full control of all of the estate assets, possessions and finances; that she has evicted Mr Aghabegian from the former family home; and that she has refused to disclose or respond to requests for documents or other evidence to support her actions in administering the estate and has effectively declared the estate insolvent. He also maintains that Ms Boscarelli has been guilty of serious wrong doing and possibly fraud.
On 3 March 2015 Mr Aghabegian made an urgent without notice application in the High Court for a freezing injunction to restrain Ms Boscarelli from selling Flat 26, The Grange and disposing of her assets. He also sought an order removing Ms Boscarelli as administrator. The application was supported by an affidavit sworn by Mr Aghabegian on that same day.
The application came before Peter Smith J who directed that Mr Aghabegian must serve upon Ms Boscarelli copies of the application and all of the evidence upon which he relied by 4 March 2015. He duly did so and the application was listed for further hearing before Rose J on 9 March 2015.
At this further hearing Mr Aghabegian appeared in person assisted by Mr Northall of counsel under the Chancery Bar Litigant in Person Support Scheme and Ms Boscarelli appeared in person. Ms Boscarelli had by that time made and sworn an affidavit dated 8 March 2015 in response to the affidavit of Mr Aghabegian. As the judge explained, Mr Aghabegian maintained that Flat 26, The Grange was up for sale and that although it was registered in Ms Boscarelli's name, it was in fact the property of his late mother. Assisted by Mr Northall, he sought an order for the preservation of assets, namely the proceeds of the sale of Flat 26, The Grange if and when it was sold and he sought directions for Ms Boscarelli to file a defence to the claim to remove her as administrator of the estate.
The judge...
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