Gharavu-Nakhjavani v Pelagias

Gharavu-Nakhjavani v Pelagias

The appeal was allowed because the appellant succeeded in showing that the account should be remitted to a different Master, objections should be limited to those already made, and costs should be awarded on the standard basis as there was no justification for indemnity costs.

Parties
Appellant/claimant: Sayed Gharavu-Nakhjavani; Respondent/defendant: Stasinos Theophilou Pelagias
Jurisdiction
England and Wales
Judgment Date
17 June 2005
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Remittal of Account, Costs, Alternative Dispute Resolution
Civil Procedure Remittal of Account Costs Alternative Dispute Resolution

Case Brief

Summary, issues, holding and outcome

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Parties

Sayed Gharavu-Nakhjavani

Appellant/claimant

Stasinos Theophilou Pelagias

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the account should be remitted to a different Master
  2. 2 Scope of objections permissible on remitted account
  3. 3 Admissibility and scope of further evidence

Ratio Decidendi

The appeal was allowed because the appellant succeeded in showing that the account should be remitted to a different Master, objections should be limited to those already made, and costs should be awarded on the standard basis as there was no justification for indemnity costs.

Court Disposition

appeal allowed

Orders

  • Account remitted to a full Master of the Chancery Division other than Deputy Master Weir
  • Objections limited to those made in writing, with provision for certain oral objections to be reduced to writing