Haji-Ioannou & Ors v Frangos

Haji-Ioannou & Ors v Frangos

The Applicants did not have a sufficient interest in the Greek judgment at the time of the Registration Order (13 January 2009), as they had not yet accepted their inheritance; acceptance occurred on 18 May 2009. The Registration Order was a nullity and is set aside. The Substitution Order stands, as the Applicants acquired the necessary interest from 18 May 2009.

Parties
Original Applicant: Loucas Haji-Ioannou (Deceased); Applicant (widow): Nedi Haji-Ioannou; Applicant (child): Stylianos Haji-Ioannou; Applicant (child): Polys Haji-Ioannou; Applicant (child): Clelia Haji-Ioannou; Respondent: Ioannis Frangos
Jurisdiction
England and Wales
Judgment Date
21 September 2009
Procedural Posture
Appeal / Appeal From Orders of Master Fontaine: Registration Order and Substitution Order
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Enforcement of Foreign Judgments, Domicile, Intestacy, Conflict of Laws, Registration of Judgments, Non Disclosure in Ex Parte Applications
Private International Law Succession Law Civil Procedure Enforcement of Foreign Judgments Domicile Intestacy Conflict of Laws Registration of Judgments +1 more

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Parties

Loucas Haji-Ioannou (Deceased)

Original Applicant

Nedi Haji-Ioannou

Applicant (widow)

Stylianos Haji-Ioannou

Applicant (child)

Polys Haji-Ioannou

Applicant (child)

Clelia Haji-Ioannou

Applicant (child)

Ioannis Frangos

Respondent

Procedural Posture

Appeal / Appeal From Orders of Master Fontaine: Registration Order and Substitution Order

Legal Issues

  1. 1 Whether the Applicants had a sufficient interest in the Greek judgment to apply for registration under Article 38 of Council Regulation 44/2001
  2. 2 Whether the Registration Order was a nullity due to lack of standing at the time of application
  3. 3 Whether the Substitution Order should be set aside

Ratio Decidendi

The Applicants did not have a sufficient interest in the Greek judgment at the time of the Registration Order (13 January 2009), as they had not yet accepted their inheritance; acceptance occurred on 18 May 2009. The Registration Order was a nullity and is set aside. The Substitution Order stands, as the Applicants acquired the necessary interest from 18 May 2009.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Registration Order of 13 January 2009 set aside as a nullity
  • Substitution Order remains in place