Hussain v Bank of Scotland PLC [2012] EWCA Civ 264
Dishonest litigation friend The litigation friend continued to act as such even after his mother's death, while lying that she was still alive, during possession proceedings and while obtaining permission to appeal. (1) There ceased to be a protected party when the mother died and so he ceased to be litigation friend. (2) No application under CPR 19.8(1) was made for the appointment of a person to represent the estate of the deceased; he had now obtained a grant of letters of administration but that did not have retrospective effect. (3) The order granting permission to appeal was set aside, and the appeal notice was struck out, because there was a compelling reason to do so under CPR 52.9(2). (4) The original possession order would stand until set aside on an application to the Chancery Division, which may impose conditions on granting such an order, or on an appeal to the Court of Appeal.
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