Stephen David Margulies v Marcus Jonathan Margulies

Stephen David Margulies v Marcus Jonathan Margulies

The claim is barred by cause of action estoppel and issue estoppel as the facts and issues were previously litigated and decided against Stephen in the 1997 proceedings and Court of Appeal. No special circumstances or new material evidence justify re-opening the matter. The claim is also an abuse of process and has no realistic prospect of success.

Parties
Claimant: Stephen David Margulies; Defendant: Marcus Jonathan Margulies
Jurisdiction
England and Wales
Judgment Date
10 November 2022
Procedural Posture
Civil / Application for Strike Out and Summary Judgment
Outcome
Claim struck out
Legal Topics
Secret Trusts, Res Judicata, Issue Estoppel, Abuse of Process, Summary Judgment
Trusts and Probate Property Law Civil Procedure Secret Trusts Res Judicata Issue Estoppel Abuse of Process Summary Judgment

Case Brief

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Parties

Stephen David Margulies

Claimant

Marcus Jonathan Margulies

Defendant

Procedural Posture

Civil / Application for Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether the claim is barred by cause of action estoppel or issue estoppel due to prior proceedings
  2. 2 Whether the claim constitutes an abuse of process under Henderson v Henderson
  3. 3 Whether the claim has a realistic prospect of success warranting a trial

Ratio Decidendi

The claim is barred by cause of action estoppel and issue estoppel as the facts and issues were previously litigated and decided against Stephen in the 1997 proceedings and Court of Appeal. No special circumstances or new material evidence justify re-opening the matter. The claim is also an abuse of process and has no realistic prospect of success.

Court Disposition

Claim struck out

Orders

  • The claim is struck out as barred by cause of action estoppel and/or issue estoppel.
  • Alternatively, the claim is struck out as an abuse of process.