Christodoulides v Marcou

Christodoulides v Marcou

Permission to appeal was refused because the appeal lacked real prospects of success and its only possible effect was on the previous costs order, which does not justify granting permission.

Parties
Appellant/defendant: Niki Christodoulides; Respondent/claimant: Androulla Marcou
Jurisdiction
England and Wales
Judgment Date
01 November 2017
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Undue Influence, Costs, Appeals, Presumed Undue Influence
Civil Procedure Equity Undue Influence Costs Appeals Presumed Undue Influence

Case Brief

Summary, issues, holding and outcome

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Parties

Niki Christodoulides

Appellant/defendant

Androulla Marcou

Respondent/claimant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted in the transfer proceedings
  2. 2 Whether the appeal is academic due to no change in beneficial interests
  3. 3 Whether the presumption of undue influence was correctly rebutted

Ratio Decidendi

Permission to appeal was refused because the appeal lacked real prospects of success and its only possible effect was on the previous costs order, which does not justify granting permission.

Court Disposition

permission to appeal refused

Orders

  • Permission to appeal in the transfer proceedings is refused.