Vucicevic & Anor v Aleksic & Ors

Vucicevic & Anor v Aleksic & Ors

The slip rule cannot be used to add substantive information or provisions not decided in the original litigation. The court cannot certify details about the property in Montenegro as having been decided in 2017, as no such decision was made. The application is dismissed as there was no accidental slip or omission within the meaning of CPR 40.12.

Parties
Claimant: Goran Vucicevic; Claimant: Stephen Anthony Richards Bond; Defendant: Stanko Aleksic; Defendant: Vladika Amilofije; Defendant: The Serbian Orthodox Church (Montenegro Branch); Defendant: The Serbian Orthodox Church (Head Office in Serbia); Defendant: The Serbian Orthodox Church Sveti Sava (London); Defendant: Vladan Aleksic; Defendant: The Attorney General; Defendant: Alex Dubljevic
Jurisdiction
England and Wales
Judgment Date
14 August 2020
Procedural Posture
Application Under CPR Rule 40.12 (slip Rule) / Ruling on Paper Application
Outcome
application dismissed
Legal Topics
Slip Rule, Foreign Enforcement, Will Interpretation, Trusts for Charitable Purposes
Probate Trusts Property Slip Rule Foreign Enforcement Will Interpretation Trusts for Charitable Purposes

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Parties

Goran Vucicevic

Claimant

Stephen Anthony Richards Bond

Claimant

Stanko Aleksic

Defendant

Vladika Amilofije

Defendant

The Serbian Orthodox Church (Montenegro Branch)

Defendant

The Serbian Orthodox Church (Head Office in Serbia)

Defendant

The Serbian Orthodox Church Sveti Sava (London)

Defendant

Vladan Aleksic

Defendant

The Attorney General

Defendant

Alex Dubljevic

Defendant

Procedural Posture

Application Under CPR Rule 40.12 (slip Rule) / Ruling on Paper Application

Legal Issues

  1. 1 Whether the court can issue a certificate under CPR 40.12 to correct an accidental omission in prior orders to facilitate foreign enforcement
  2. 2 Whether the slip rule allows the addition of new substantive information not decided in the original litigation

Ratio Decidendi

The slip rule cannot be used to add substantive information or provisions not decided in the original litigation. The court cannot certify details about the property in Montenegro as having been decided in 2017, as no such decision was made. The application is dismissed as there was no accidental slip or omission within the meaning of CPR 40.12.

Court Disposition

application dismissed