Evangelos Marinakis v Irini Karipidis & Ors

Evangelos Marinakis v Irini Karipidis & Ors

The Claimant's claims against the Second Defendant lack a real prospect of success as the pleaded facts only show facilitation of payment, not participation or common design in the torts alleged. The claims against the Third and Fourth Defendants have a real prospect of success based on pleaded facts and inferences of knowledge and involvement. England and Wales is clearly the most appropriate forum due to the nature, targeting, and publication of the alleged defamatory statements. The Claimant failed to comply fully with the duty of full and frank disclosure, but this does not warrant setting aside the order except as to costs. The claim is not an abuse of process.

Parties
Claimant: Evangelos Marinakis; First Defendant: Irini Karipidis; Second Defendant: Amani Swiss (Cyprus) Limited; Third Defendant: Ari Harow; Fourth Defendant: Sheyaan Consulting Limited
Jurisdiction
England and Wales
Judgment Date
13 January 2025
Procedural Posture
Civil / Interlocutory Application to Set Aside Order Granting Permission to Serve Claim Form Out of Jurisdiction
Outcome
Application granted as to Second Defendant; dismissed as to First, Third, and Fourth Defendants.
Legal Topics
Libel, Unlawful Means Conspiracy, Service Out of Jurisdiction, Forum Conveniens, Accessory Liability, Full and Frank Disclosure, Abuse of Process
Defamation Tort Civil Procedure Libel Unlawful Means Conspiracy Service Out of Jurisdiction Forum Conveniens Accessory Liability +2 more

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Parties

Evangelos Marinakis

Claimant

Irini Karipidis

First Defendant

Amani Swiss (Cyprus) Limited

Second Defendant

Ari Harow

Third Defendant

Sheyaan Consulting Limited

Fourth Defendant

Procedural Posture

Civil / Interlocutory Application to Set Aside Order Granting Permission to Serve Claim Form Out of Jurisdiction

Legal Issues

  1. 1 Whether the Claimant's claims against the Second, Third, and Fourth Defendants have a real prospect of success
  2. 2 Whether England and Wales is clearly the most appropriate forum for the claim
  3. 3 Whether the Claimant complied with the duty of full and frank disclosure

Ratio Decidendi

The Claimant's claims against the Second Defendant lack a real prospect of success as the pleaded facts only show facilitation of payment, not participation or common design in the torts alleged. The claims against the Third and Fourth Defendants have a real prospect of success based on pleaded facts and inferences of knowledge and involvement. England and Wales is clearly the most appropriate forum due to the nature, targeting, and publication of the alleged defamatory statements. The Claimant failed to comply fully with the duty of full and frank disclosure, but this does not warrant setting aside the order except as to costs. The claim is not an abuse of process.

Court Disposition

Application granted as to Second Defendant; dismissed as to First, Third, and Fourth Defendants.

Orders

  • Permission to serve out set aside as against Second Defendant; maintained as against First, Third, and Fourth Defendants.
  • Claimant to bear own costs of application before Senior Master Cook.