Siddiqi v Aidiniantz [2020] EWHC 699 (QB) (24 February 2020)

Siddiqi v Aidiniantz [2020] EWHC 699 (QB) (24 February 2020)

The claimant failed to provide sufficient evidence that payment of the outstanding costs would stifle his claim or infringe his Article 6 rights; therefore, unless the claimant pays the costs ordered on 24 May 2019 within 28 days, the claim will be stayed. No civil restraint order is made as the preconditions are not met.

Citation
[2020] EWHC 699 (QB)
Parties
Claimant: Tariq Siddiqi; First Defendant: John Aidiniantz; Defendants: Others
Jurisdiction
England and Wales
Judgment Date
24 February 2020
Procedural Posture
Civil / Interlocutory Applications; Costs and Case Management
Outcome
Conditional stay order; application for civil restraint order dismissed
Legal Topics
Costs Orders, Stay of Proceedings, Relief From Sanctions, Civil Restraint Orders, Access to Justice
Civil Procedure Costs Orders Stay of Proceedings Relief From Sanctions Civil Restraint Orders Access to Justice

Case Brief

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Parties

Tariq Siddiqi

Claimant

John Aidiniantz

First Defendant

Others

Defendants

Procedural Posture

Civil / Interlocutory Applications; Costs and Case Management

Legal Issues

  1. 1 Whether proceedings should be stayed pending payment of costs ordered on 24 May 2019
  2. 2 Whether the claimant's Article 6 rights (access to justice) would be infringed by requiring payment of costs as a condition to proceed
  3. 3 Whether a civil restraint order should be made against the claimant

Ratio Decidendi

The claimant failed to provide sufficient evidence that payment of the outstanding costs would stifle his claim or infringe his Article 6 rights; therefore, unless the claimant pays the costs ordered on 24 May 2019 within 28 days, the claim will be stayed. No civil restraint order is made as the preconditions are not met.

Court Disposition

Conditional stay order; application for civil restraint order dismissed

Orders

  • Unless the claimant pays the costs ordered on 24 May 2019 within 28 days, the claim will be stayed.
  • No further applications may be made by the claimant within the 28-day period.