Hinduja v Hinduja

On 11 November 2022 the Court of Appeal gave judgment in Hinduja v Hinduja  [2022] EWCA Civ 1492 and permitted press reporting of this Court of Protection case which has been ongoing since June 2020.  The proceedings have related to the property and affairs and welfare of Srichand Hinduja, the eldest of the four Hinduja brothers who now suffers from dementia.  In two judgments delivered in August 2022 (Hinduja v Hinduja [2022] EWCOP 36 and [2022] EWCOP 37) Hayden J had lifted all reporting restrictions in the case.  However, his order was appealed to the Court of Appeal by Srichand’s brother Gopichand Hinduja.  The Court of Appeal permitted the reporting of the case and the naming of the parties, but varied the order of Hayden J to impose certain restrictions on the reporting of matters concerning Srichand’s medical condition, treatment and care.

Many members of 5 Stone Buildings have been involved at all stages of this complex and long-running litigation.  In the Court of Appeal David Rees KC and Sam Chandler (instructed by Withers LLP) represented the Appellant Gopichand Hinduja, whilst Alexander Drapkin (instructed by Mackintosh Law) was junior counsel for Srichand Hinduja, acting by his litigation friend the Official Solicitor. Prior to that, there have been large number of hearings over the last two years before Hayden J at which David Rees KC and Mark Baxter acted for Gopichand Hinduja and Alexander Drapkin was junior counsel for Srichand Hinduja. At earlier stages in the proceedings Penelope Reed KC also appeared for Gopichand Hinduja and Henry Legge KC, Sarah Haren KC and Arabella Adams (instructed by Kingsley Napley LLP) have acted for Srichand’s two daughters Vinoo and Shanu Hinduja.

The read the full judgement see links below:

[2022] EWCA Civ 1492  https://www.bailii.org/ew/cases/EWCA/Civ/2022/1492.html

[2022] EWCOP 36 https://www.bailii.org/ew/cases/EWCOP/2022/36.html

[2022] EWCOP 37  https://www.bailii.org/ew/cases/EWCOP/2022/37.html