Peter Richard Andreewitch v Magali Moutreuil & Anor

Peter Richard Andreewitch v Magali Moutreuil & Anor

The appeal was dismissed because the lower court's decision to strike out the Loan Claim and related claims as an abuse of process under the Henderson v Henderson principle was not wrong in law or principle, nor was it a decision that no reasonable judge could have reached. The claims were either res judicata, inadequately pleaded, or had no real prospect of success. There was no compelling reason to grant permission to appeal on any ground.

Parties
Claimant/appellant: Peter Richard Andreewitch (A.K.A. Richard Andreewitch); Defendant/respondent: Magali Moutreuil; Defendant/respondent: Pier Investment Company Limited
Jurisdiction
England and Wales
Judgment Date
10 February 2024
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed; renewed application for permission to appeal refused
Legal Topics
Abuse of Process, Res Judicata, Henderson V Henderson Principle, Proprietary Estoppel, Resulting Trusts, Summary Judgment, Strike Out Applications
Civil Procedure Trusts and Equity Property Law Abuse of Process Res Judicata Henderson V Henderson Principle Proprietary Estoppel Resulting Trusts +2 more

Case Brief

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Parties

Peter Richard Andreewitch (A.K.A. Richard Andreewitch)

Claimant/appellant

Magali Moutreuil

Defendant/respondent

Pier Investment Company Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the lower court erred in striking out the Loan Claim as an abuse of process under the Henderson v Henderson principle
  2. 2 Whether the lower court erred in finding no real prospect of success for the Loan Claim, Loan Interest Claim, Estoppel Claim, and German Property Claim
  3. 3 Whether permission to appeal should be granted on any ground

Ratio Decidendi

The appeal was dismissed because the lower court's decision to strike out the Loan Claim and related claims as an abuse of process under the Henderson v Henderson principle was not wrong in law or principle, nor was it a decision that no reasonable judge could have reached. The claims were either res judicata, inadequately pleaded, or had no real prospect of success. There was no compelling reason to grant permission to appeal on any ground.

Court Disposition

Appeal dismissed; renewed application for permission to appeal refused

Orders

  • Mr Andreewitch's appeal of the decision and order of Judge Jefferis as regards the Loan Claim (principal) is dismissed
  • Renewed application for permission to appeal on all other grounds is refused