Maia Luxury Limited v Luxierge Limited & Anor
[2024] EWHC 454 (KB)
C. CHRISTO & CO LIMITED v NICHOLAS CHRISTOFOROU & Anor.
12 May 2023
[2023] EWHC 1094 (KB)
High Court
Two brothers were sued by their father's company for stealing company secrets. They tried to get the case thrown out, saying it was a waste of time and they were being harassed. The judge said there was enough evidence to continue the case, and the brothers have to pay the legal costs.
Key Facts
- •C. Christo & Co Limited (Claimant) sued Nicholas and Alexander Christoforou (Defendants) for misappropriation of confidential information.
- •The Defendants applied to strike out the claim, alleging abuse of process.
- •The claim related to confidential information from the Claimant's estate agency business, allegedly retained by the Defendants.
- •Prior litigation between the parties included a 2014 High Court claim (Harassment Proceedings) and a 2018-2020 claim (Torriano Proceedings).
- •The Defendants argued the claim was vexatious, a collateral attack (Henderson v Henderson abuse), and disproportionate (Jameel abuse).
- •Settlement offers were exchanged before the hearing.
Legal Principles
CPR 3.4(2)(b) allows the court to strike out a statement of case if it is an abuse of process.
CPR 3.4(2)(b)
Henderson v Henderson abuse: A party should not be twice vexed in the same matter; claims should have been raised in earlier proceedings if possible.
Henderson v Henderson (1843) 3 Hare 100, Johnson v Gore-Wood & Co [2000] UKHL 65
Jameel abuse: The court can stay or strike out a claim where no real or substantial wrong has been committed, and litigation yields no proportionate benefit.
Jameel v Dow Jones & Co Inc [2005] EWCA Civ 75, Harlow Higinbotham v Teekhungam and Perry [2018] EWHC 1880
Litigation pursued for an illegitimate purpose (e.g., harassment) can be an abuse of process.
Broxton v McClelland [1995] E.M.L.R. 485, Wallis v Valentine [2002] EWCA Civ 1034
Outcomes
The application to strike out the claim was refused.
The court found insufficient evidence of Henderson v Henderson abuse, vexatious conduct, or Jameel abuse.
Defendants to pay Claimant's costs of the strike-out application.
The strike-out application was unsuccessful.
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