Gharavu-Nakhjavani v Pelagias [2005] EWCA Civ 1205 (17 June 2005)

Gharavu-Nakhjavani v Pelagias [2005] EWCA Civ 1205 (17 June 2005)

The appeal is allowed because the appellant succeeded in establishing procedural errors in the handling of the account; remittal to a full-time Master is necessary, objections are limited to those previously made, and costs are awarded on the standard basis.

Citation
[2005] EWCA Civ 1205
Parties
Appellant/claimant: Sayed Gharavu-Nakhjavani; Respondent/defendant: Stasinos Theophilou Pelagias
Jurisdiction
England and Wales
Judgment Date
17 June 2005
Procedural Posture
Civil Appeal / Post Judgment Directions Following Appeal
Outcome
appeal allowed
Legal Topics
Remittal of Account, Objections to Expenditure, Evidence, Alternative Dispute Resolution, Costs
Civil Procedure Chancery Remittal of Account Objections to Expenditure Evidence Alternative Dispute Resolution Costs

Case Brief

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Parties

Sayed Gharavu-Nakhjavani

Appellant/claimant

Stasinos Theophilou Pelagias

Respondent/defendant

Procedural Posture

Civil Appeal / Post Judgment Directions Following Appeal

Legal Issues

  1. 1 Whether the account should be remitted to a different Master
  2. 2 Scope of objections permitted
  3. 3 Admissibility and procedure for evidence

Ratio Decidendi

The appeal is allowed because the appellant succeeded in establishing procedural errors in the handling of the account; remittal to a full-time Master is necessary, objections are limited to those previously made, and costs are awarded on the standard basis.

Court Disposition

appeal allowed

Orders

  • Account remitted to a full-time Master of the Chancery Division
  • Objections limited to those made in writing or agreed oral objections