Cooper & Anor v Ibrahim & Anor [2025] EWHC 672 (KB) (18 February 2025)

Cooper & Anor v Ibrahim & Anor [2025] EWHC 672 (KB) (18 February 2025)

There are not compelling grounds to strike out the appeals at this stage, but compelling reasons exist to ensure future compliance. An unless order is appropriate: unless defendants file and serve required documents within seven days, appeals will stand struck out without further order.

Citation
[2025] EWHC 672 (KB)
Parties
Claimant/respondent: Paul Cooper; Claimant/respondent: Paul Appleton; Defendant/appellant: Tamer Hassan Abu Ala Hassan Ibrahim; Defendant/appellant: Javenade Hassan Abu Ala Hassan Ibrahim
Jurisdiction
England and Wales
Judgment Date
18 February 2025
Procedural Posture
Appeal / Interlocutory Application to Strike Out Appeals or Lift Stay of Execution
Outcome
Unless order made; appeals stand struck out if defendants do not comply within seven days.
Legal Topics
Appeal Procedure, Possession Proceedings, Compliance With Court Orders, Stay of Execution
Civil Procedure Property Law Appeal Procedure Possession Proceedings Compliance With Court Orders Stay of Execution

Case Brief

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Parties

Paul Cooper

Claimant/respondent

Paul Appleton

Claimant/respondent

Tamer Hassan Abu Ala Hassan Ibrahim

Defendant/appellant

Javenade Hassan Abu Ala Hassan Ibrahim

Defendant/appellant

Procedural Posture

Appeal / Interlocutory Application to Strike Out Appeals or Lift Stay of Execution

Legal Issues

  1. 1 Whether appeals should be struck out for non-compliance with Stewart Order
  2. 2 Whether stay of execution of possession order should be lifted
  3. 3 Whether unless order should be made to secure compliance

Ratio Decidendi

There are not compelling grounds to strike out the appeals at this stage, but compelling reasons exist to ensure future compliance. An unless order is appropriate: unless defendants file and serve required documents within seven days, appeals will stand struck out without further order.

Court Disposition

Unless order made; appeals stand struck out if defendants do not comply within seven days.

Orders

  • Defendants must file and serve perfected grounds of appeal and composite appeal bundle by 4.00 pm on 25 February 2025.
  • Upon compliance, matter restored for determination of permission to appeal and related applications.