Christoforou v Christoforou & Anor

Christoforou v Christoforou & Anor

The Contested Passages in the Amended Defence and Counterclaim are to be struck out and excluded from consideration at trial. Their inclusion would cause disproportionate expense, delay, and loss of the trial date, and would require the court to make findings on numerous peripheral and collateral issues. The allegations amount to similar fact evidence, and their probative value is outweighed by the prejudice and disruption they would cause. The Defendants’ core case as to the context of the matrimonial proceedings remains, but the new, broader allegations are excluded as a matter of case management.

Parties
Claimant: Alexander Christoforou; First Defendant: Christakis Christoforou; Second Defendant: Gracestone Properties Group Limited
Jurisdiction
England and Wales
Judgment Date
15 May 2020
Procedural Posture
Civil Property/trusts / Interlocutory Application (application to Strike Out Parts of Amended Defence and Counterclaim)
Outcome
Application granted in substantial part; Contested Passages struck out and excluded from trial, with limited exceptions for certain credit issues at trial judge's discretion.
Legal Topics
Beneficial Ownership, Common Intention Constructive Trust, Case Management, Striking Out Pleadings, Similar Fact Evidence, Abuse of Process
Property Law Trusts Law Civil Procedure Beneficial Ownership Common Intention Constructive Trust Case Management Striking Out Pleadings Similar Fact Evidence +1 more

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Parties

Alexander Christoforou

Claimant

Christakis Christoforou

First Defendant

Gracestone Properties Group Limited

Second Defendant

Procedural Posture

Civil Property/trusts / Interlocutory Application (application to Strike Out Parts of Amended Defence and Counterclaim)

Legal Issues

  1. 1 Whether the Contested Passages in the Amended Defence and Counterclaim should be struck out and excluded from trial
  2. 2 Whether the allegations constitute an abuse of process
  3. 3 Whether inclusion of the Contested Passages would disrupt the trial and cause disproportionate expense and delay

Ratio Decidendi

The Contested Passages in the Amended Defence and Counterclaim are to be struck out and excluded from consideration at trial. Their inclusion would cause disproportionate expense, delay, and loss of the trial date, and would require the court to make findings on numerous peripheral and collateral issues. The allegations amount to similar fact evidence, and their probative value is outweighed by the prejudice and disruption they would cause. The Defendants’ core case as to the context of the matrimonial proceedings remains, but the new, broader allegations are excluded as a matter of case management.

Court Disposition

Application granted in substantial part; Contested Passages struck out and excluded from trial, with limited exceptions for certain credit issues at trial judge's discretion.

Orders

  • Paragraph 9 of the Amended Defence and Counterclaim (the Contested Passages) struck out and excluded from trial, save for limited exceptions relating to findings about Nicholas in other proceedings and certain discrete matters, subject to trial judge's discretion on cross-examination for credit.
  • Words 'examples of which are given above' in paragraph 12 excluded from consideration at trial.