Andreewitch v Moutreuil & Anor [2024] EWHC 2326 (Ch) (10 September 2024)

Andreewitch v Moutreuil & Anor [2024] EWHC 2326 (Ch) (10 September 2024)

The appeal is dismissed because Judge Jefferis' finding that the Loan Claim was an abuse of process under Henderson v Henderson was not wrong or unjust; the claim could and should have been raised in earlier proceedings, and the factual basis was inconsistent with prior assertions. Permission to appeal on other grounds is denied as they lack real prospect of success or are similarly abusive.

Citation
[2024] EWHC 2326 (Ch)
Parties
Claimant/appellant: Peter Richard Andreewitch; Defendant/respondent: Magali Moutreuil; Defendant/respondent: Pier Investment Company Limited
Jurisdiction
England and Wales
Judgment Date
10 September 2024
Procedural Posture
Appeal / Judgment on Appeal and Renewed Application for Permission to Appeal
Outcome
Appeal dismissed; renewed application for permission to appeal denied.
Legal Topics
Abuse of Process, Res Judicata, Henderson V Henderson Doctrine, Proprietary Estoppel, Loan Claims, Summary Judgment, Strike Out Applications
Civil Procedure Property Law Trusts and Probate Abuse of Process Res Judicata Henderson V Henderson Doctrine Proprietary Estoppel Loan Claims +2 more

Case Brief

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Parties

Peter Richard Andreewitch

Claimant/appellant

Magali Moutreuil

Defendant/respondent

Pier Investment Company Limited

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal and Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Loan Claim was wrongly struck out as an abuse of process
  2. 2 Whether permission to appeal should be granted for other claims including loan interest, estoppel, and German property trust claims

Ratio Decidendi

The appeal is dismissed because Judge Jefferis' finding that the Loan Claim was an abuse of process under Henderson v Henderson was not wrong or unjust; the claim could and should have been raised in earlier proceedings, and the factual basis was inconsistent with prior assertions. Permission to appeal on other grounds is denied as they lack real prospect of success or are similarly abusive.

Court Disposition

Appeal dismissed; renewed application for permission to appeal denied.

Orders

  • Mr Andreewitch's appeal relating to the principal claimed under the Loan Claim is dismissed.
  • Permission to appeal on loan interest, estoppel, and German property claims is denied.