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 costs order would stifle his access to justice under Article 6; therefore, unless the claimant pays the costs within twenty-eight days, the claim will be stayed. No civil restraint order is justified as the preconditions are not met.

Citation
[2020] EWHC 699
Parties
Claimant: Tariq Siddiqi; First Defendant: John Aidiniantz; Fourth Defendant: Fourth Defendant; Defendants: Other Defendants
Jurisdiction
England and Wales
Judgment Date
24 February 2020
Procedural Posture
Civil / Interlocutory Applications; Costs and Stay Pending Payment
Outcome
Conditional stay ordered; civil restraint application dismissed.
Legal Topics
Interlocutory Costs Orders, Stay of Proceedings, Relief From Sanctions, Civil Restraint Orders, Article 6 ECHR Access to Justice
Civil Procedure Interlocutory Costs Orders Stay of Proceedings Relief From Sanctions Civil Restraint Orders Article 6 ECHR Access to Justice

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Parties

Tariq Siddiqi

Claimant

John Aidiniantz

First Defendant

Fourth Defendant

Fourth Defendant

Other Defendants

Defendants

Procedural Posture

Civil / Interlocutory Applications; Costs and Stay Pending Payment

Legal Issues

  1. 1 Should the claim be stayed pending payment of costs ordered on 24 May 2019?
  2. 2 Is the claimant entitled to a stay of the costs order?
  3. 3 Should a civil restraint order be made against the claimant?

Ratio Decidendi

The claimant failed to provide sufficient evidence that payment of the costs order would stifle his access to justice under Article 6; therefore, unless the claimant pays the costs within twenty-eight days, the claim will be stayed. No civil restraint order is justified as the preconditions are not met.

Court Disposition

Conditional stay ordered; civil restraint application dismissed.

Orders

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