Galazi & Anor v Christoforou & Ors [2019] EWHC 670 (Ch) (26 March 2019)

Galazi & Anor v Christoforou & Ors [2019] EWHC 670 (Ch) (26 March 2019)

The claimants have wholly discontinued claims against Anglo and Northwest, and partly discontinued claims against the Christo Defendants. The default rule under CPR 38.6 applies; claimants must pay costs of discontinued claims and amendments, assessed now, on the indemnity basis due to the conduct and circumstances of the claim. Reserved costs for specific applications are determined as set out.

Citation
[2019] EWHC 670 (Ch)
Parties
Claimant: Maria Galazi; Claimant: Iphegenia Galazis; Defendant: Christopher Christoforou; Defendant: Christo & Co Limited; Defendant: YVA Solicitors; Defendant: Anglo Properties Limited; Defendant: Northwest Enterprises Limited; Defendant: Christodoulos Galazis; Third Party/claimant: Wellsford Securities Limited; Claimant: Abbee Limited
Jurisdiction
England and Wales
Judgment Date
26 March 2019
Procedural Posture
Civil Chancery / Post Amendment, Costs Determination
Outcome
Costs order; partial discontinuance; amendment permitted
Legal Topics
Costs, Discontinuance, Amendment of Pleadings, Beneficial Ownership, Freezing Orders, Capacity of Parties
Civil Procedure Company Law Property Law Costs Discontinuance Amendment of Pleadings Beneficial Ownership Freezing Orders +1 more

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Parties

Maria Galazi

Claimant

Iphegenia Galazis

Claimant

Christopher Christoforou

Defendant

Christo & Co Limited

Defendant

YVA Solicitors

Defendant

Anglo Properties Limited

Defendant

Northwest Enterprises Limited

Defendant

Christodoulos Galazis

Defendant

Wellsford Securities Limited

Third Party/claimant

Abbee Limited

Claimant

Procedural Posture

Civil Chancery / Post Amendment, Costs Determination

Legal Issues

  1. 1 Whether the claimants have discontinued all or part of their claims by amendment
  2. 2 Costs consequences of discontinuance and amendment
  3. 3 Interpretation of CPR 38 regarding discontinuance

Ratio Decidendi

The claimants have wholly discontinued claims against Anglo and Northwest, and partly discontinued claims against the Christo Defendants. The default rule under CPR 38.6 applies; claimants must pay costs of discontinued claims and amendments, assessed now, on the indemnity basis due to the conduct and circumstances of the claim. Reserved costs for specific applications are determined as set out.

Court Disposition

Costs order; partial discontinuance; amendment permitted

Orders

  • Claimants to pay costs of discontinued claims against Anglo and Northwest on indemnity basis, subject to detailed assessment.
  • Claimants to pay costs of amendments to particulars of claim on indemnity basis, subject to detailed assessment.