Christodoulides v Marcou [2017] EWHC 2691 (Ch) (01 November 2017)

Christodoulides v Marcou [2017] EWHC 2691 (Ch) (01 November 2017)

Permission to appeal was refused because the appeal had no real prospect of success and was academic, as the only possible effect was on the previous costs order and not on substantive rights; the court exercised caution in refusing permission where the appeal was academic and the likelihood of success was low.

Citation
[2017] EWHC 2691 (Ch)
Parties
Appellant/defendant: Niki Christodoulides; Respondent/claimant: Androulla Marcou
Jurisdiction
England and Wales
Judgment Date
01 November 2017
Procedural Posture
Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Undue Influence, Presumed Undue Influence, Costs Orders, Appeals, Academic Appeals
Equity Civil Procedure Undue Influence Presumed Undue Influence Costs Orders Appeals Academic Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Niki Christodoulides

Appellant/defendant

Androulla Marcou

Respondent/claimant

Procedural Posture

Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted in the transfer proceedings concerning alleged presumed undue influence in a property transfer
  2. 2 Whether the appeal is academic because the outcome affects only costs and not substantive rights

Ratio Decidendi

Permission to appeal was refused because the appeal had no real prospect of success and was academic, as the only possible effect was on the previous costs order and not on substantive rights; the court exercised caution in refusing permission where the appeal was academic and the likelihood of success was low.

Court Disposition

Permission to appeal refused