Christodoulides v CP Christou LLP & Anor [2023] EWHC 1285 (KB) (13 June 2023)

Christodoulides v CP Christou LLP & Anor [2023] EWHC 1285 (KB) (13 June 2023)

The particulars of claim do not disclose any reasonable grounds for bringing the claim nor a real prospect of success. The Claimant lost the underlying litigation due to adverse credibility findings and dishonesty, not because of any actionable negligence by the Defendants. The claim constitutes an impermissible collateral attack on final judicial decisions and is an abuse of process. The claim against the Second Defendant is also barred by a prior full and final settlement. Accordingly, the claim is struck out and/or summary judgment is granted in favour of the Defendants.

Citation
[2023] EWHC 1285 (KB)
Parties
Claimant: Niki Christodoulides; First Defendant: CP Christou LLP; Second Defendant: Charles Holbech
Jurisdiction
England and Wales
Judgment Date
13 June 2023
Procedural Posture
Professional Negligence / Strike Out And/or Summary Judgment Application
Outcome
Claim struck out and/or summary judgment granted in favour of the Defendants
Legal Topics
Strike Out Applications, Summary Judgment, Abuse of Process, Collateral Attack, Advocate's Negligence, Limitation, Settlement Agreements
Professional Negligence Civil Procedure Strike Out Applications Summary Judgment Abuse of Process Collateral Attack Advocate's Negligence Limitation +1 more

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Parties

Niki Christodoulides

Claimant

CP Christou LLP

First Defendant

Charles Holbech

Second Defendant

Procedural Posture

Professional Negligence / Strike Out And/or Summary Judgment Application

Legal Issues

  1. 1 Whether the particulars of claim disclose reasonable grounds for bringing the claim or a real prospect of success
  2. 2 Whether the claim constitutes an abuse of process as a collateral attack on previous judgments
  3. 3 Whether the claim against the Second Defendant is barred by a prior settlement agreement

Ratio Decidendi

The particulars of claim do not disclose any reasonable grounds for bringing the claim nor a real prospect of success. The Claimant lost the underlying litigation due to adverse credibility findings and dishonesty, not because of any actionable negligence by the Defendants. The claim constitutes an impermissible collateral attack on final judicial decisions and is an abuse of process. The claim against the Second Defendant is also barred by a prior full and final settlement. Accordingly, the claim is struck out and/or summary judgment is granted in favour of the Defendants.

Court Disposition

Claim struck out and/or summary judgment granted in favour of the Defendants

Orders

  • Claim dismissed in its entirety
  • No permission to amend the particulars of claim