Christodoulides v Marcou

Christodoulides v Marcou

Permission to appeal is refused because the Recorder's findings that Niki Christodoulides procured the will by fraudulent calumny against Androulla Marcou were adequately pleaded, supported by evidence, and based on correct legal principles. The Recorder's findings on causation and inducement were clear and cogent, and no real prospect of success on appeal exists.

Parties
Appellant/claimant: Niki Christodoulides; Respondent/defendant: Androulla Marcou
Jurisdiction
England and Wales
Judgment Date
26 October 2017
Procedural Posture
Probate Appeal / Application for Permission to Appeal (and Substantive Appeal If Granted)
Outcome
permission to appeal refused
Legal Topics
Fraudulent Calumny, Testamentary Capacity, Pleadings, Burden of Proof, Appeals Procedure
Probate Wills and Succession Civil Procedure Fraudulent Calumny Testamentary Capacity Pleadings Burden of Proof Appeals Procedure

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Parties

Niki Christodoulides

Appellant/claimant

Androulla Marcou

Respondent/defendant

Procedural Posture

Probate Appeal / Application for Permission to Appeal (and Substantive Appeal If Granted)

Legal Issues

  1. 1 Whether the Recorder erred in law or fact in finding that the will of Agni Iacovou was procured by fraudulent calumny by Niki Christodoulides against Androulla Marcou
  2. 2 Whether the Recorder allowed evidence and findings beyond the pleaded case
  3. 3 Whether the Recorder applied the correct legal principles regarding fraudulent calumny and causation

Ratio Decidendi

Permission to appeal is refused because the Recorder's findings that Niki Christodoulides procured the will by fraudulent calumny against Androulla Marcou were adequately pleaded, supported by evidence, and based on correct legal principles. The Recorder's findings on causation and inducement were clear and cogent, and no real prospect of success on appeal exists.

Court Disposition

permission to appeal refused

Orders

  • Permission to appeal refused on all grounds.