Galazi & Anor v Christoforou & Ors

Galazi & Anor v Christoforou & Ors

The claimants discontinued their entire claims against Anglo and Northwest and partially discontinued claims against the Christo Defendants. The default rule applies: the claimants must pay the defendants' costs of the discontinued claims and the costs of and occasioned by the amendments, all on the indemnity basis. There is no good reason to depart from the default rule, and postponement of the costs decision is inappropriate. Reserved costs are determined as specified for each application.

Parties
Claimant: Maria Galazi; Claimant: Iphegenia Galazis; Defendant: Christopher Christoforou; Defendant: Christo & Co Limited; Defendant: YVA Solicitors (a firm); Defendant: Anglo Properties Limited; Defendant: Northwest Enterprises Limited; Defendant: Christodoulos Galazis; Third Party/claimant (in BL 2018 001875): Wellsford Securities Limited; Claimant (in BL 2018 001875): Abbee Limited; Defendant (in BL 2018 001875): C Christo & Co Limited
Jurisdiction
England and Wales
Judgment Date
26 March 2019
Procedural Posture
Civil (property/trusts/company) / Costs Determination Following Amendment and Partial Discontinuance
Outcome
Costs orders made; claimants to pay defendants' costs of discontinued claims and amendments on indemnity basis; reserved costs determined as specified.
Legal Topics
Costs Consequences of Discontinuance, Amendment of Pleadings, Indemnity Costs, Restoration of Companies, Freezing Orders
Civil Procedure Company Law Property Law Costs Consequences of Discontinuance Amendment of Pleadings Indemnity Costs Restoration of Companies Freezing Orders

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Parties

Maria Galazi

Claimant

Iphegenia Galazis

Claimant

Christopher Christoforou

Defendant

Christo & Co Limited

Defendant

YVA Solicitors (a firm)

Defendant

Anglo Properties Limited

Defendant

Northwest Enterprises Limited

Defendant

Christodoulos Galazis

Defendant

Wellsford Securities Limited

Third Party/claimant (in BL 2018 001875)

Abbee Limited

Claimant (in BL 2018 001875)

C Christo & Co Limited

Defendant (in BL 2018 001875)

Procedural Posture

Civil (property/trusts/company) / Costs Determination Following Amendment and Partial Discontinuance

Legal Issues

  1. 1 Whether the claimants have discontinued all or part of their claims by amending pleadings
  2. 2 What costs consequences flow from the amendment and discontinuance
  3. 3 Whether costs should be paid on the standard or indemnity basis

Ratio Decidendi

The claimants discontinued their entire claims against Anglo and Northwest and partially discontinued claims against the Christo Defendants. The default rule applies: the claimants must pay the defendants' costs of the discontinued claims and the costs of and occasioned by the amendments, all on the indemnity basis. There is no good reason to depart from the default rule, and postponement of the costs decision is inappropriate. Reserved costs are determined as specified for each application.

Court Disposition

Costs orders made; claimants to pay defendants' costs of discontinued claims and amendments on indemnity basis; reserved costs determined as specified.

Orders

  • Galazi Claimants to pay the costs of Anglo and Northwest on indemnity basis, subject to detailed assessment.
  • Galazi Claimants to pay the Christo Defendants' costs of discontinued claims and amendments on indemnity basis, subject to detailed assessment.