Margulies v Margulies [2022] EWHC 2843 (Ch) (10 November 2022)

Margulies v Margulies [2022] EWHC 2843 (Ch) (10 November 2022)

The claim is barred by cause of action estoppel and/or issue estoppel as it is based on the same factual matrix and legal issues as the 1997 proceedings, which were struck out and upheld on appeal. The current claim is a reformulation of the previously adjudicated claim and does not present any genuinely new cause of action or material facts. There is no credible basis for setting aside the previous judgment for fraud. Allowing the claim to proceed would constitute an abuse of process.

Citation
[2022] EWHC 2843 (Ch)
Parties
Claimant: Stephen David Margulies; Defendant: Marcus Jonathan Margulies
Jurisdiction
England and Wales
Judgment Date
10 November 2022
Procedural Posture
Chancery Division Property, Trusts and Probate / Application to Strike Out Claim or for Summary Judgment
Outcome
Claim struck out as barred by res judicata and/or abuse of process; summary judgment for the defendant.
Legal Topics
Secret Trusts, Res Judicata, Abuse of Process, Summary Judgment, Cause of Action Estoppel, Issue Estoppel
Trusts and Estates Civil Procedure Secret Trusts Res Judicata Abuse of Process Summary Judgment Cause of Action Estoppel Issue Estoppel

Case Brief

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Parties

Stephen David Margulies

Claimant

Marcus Jonathan Margulies

Defendant

Procedural Posture

Chancery Division Property, Trusts and Probate / Application to Strike Out Claim or for Summary Judgment

Legal Issues

  1. 1 Whether the claim is barred by res judicata or issue estoppel due to prior litigation between the parties
  2. 2 Whether the claim constitutes an abuse of process under the Henderson v Henderson principle
  3. 3 Whether the claimant has pleaded a new cause of action or merely reformulated a previously adjudicated claim

Ratio Decidendi

The claim is barred by cause of action estoppel and/or issue estoppel as it is based on the same factual matrix and legal issues as the 1997 proceedings, which were struck out and upheld on appeal. The current claim is a reformulation of the previously adjudicated claim and does not present any genuinely new cause of action or material facts. There is no credible basis for setting aside the previous judgment for fraud. Allowing the claim to proceed would constitute an abuse of process.

Court Disposition

Claim struck out as barred by res judicata and/or abuse of process; summary judgment for the defendant.

Orders

  • Particulars of Claim struck out under CPR 3.4(2)(a)-(c)
  • Summary judgment granted to the defendant under CPR 24.2