The dispute concerned title to a passageway between a petrol station and a Costcutter supermarket, in Amirtharaja v White [2021] EWHC 330 (Ch). There were three claimants to the action: William White, Frances White and their son, Colin White, who together purchased Hollis House, which was situated at one end of the passageway.
Finding in favour of the claimants, Mr Justice Michael Green said: ‘An extraordinary aspect of this case is that Mr William White died in September 2017 yet he was included as the first claimant on the claim form when it was issued on 14 January 2019.
‘At the trial no one referred to the fact that Mr William White remained a claimant and the judge clearly assumed in his judgment that he was still alive. Neither of the respondents, both of whom gave evidence, mentioned that he had died.’
