Siddiqi v Aidiniantz

Siddiqi v Aidiniantz

The Claimant failed to provide sufficient evidence that payment of the costs order would stifle his access to justice; therefore, compliance with the costs order is a condition for continuing the litigation. The procedural history justified imposing a sanction, but not an immediate stay; a 28-day period was granted for payment. No civil restraint order was made as the threshold was not met.

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 Stay Orders
Outcome
Applications disposed; stay of proceedings unless costs paid; civil restraint order refused.
Legal Topics
Interlocutory Costs Orders, Stay of Proceedings, Civil Restraint Orders, Article 6 ECHR Access to Justice
Civil Procedure Costs Interlocutory Costs Orders Stay of Proceedings Civil Restraint Orders Article 6 ECHR Access to Justice

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Parties

Tariq Siddiqi

Claimant

John Aidiniantz

First Defendant

Others

Defendants

Procedural Posture

Civil / Interlocutory Applications; Costs and Stay Orders

Legal Issues

  1. 1 Whether proceedings should be stayed pending payment of costs
  2. 2 Whether payment of costs should be stayed
  3. 3 Whether a civil restraint order should be imposed

Ratio Decidendi

The Claimant failed to provide sufficient evidence that payment of the costs order would stifle his access to justice; therefore, compliance with the costs order is a condition for continuing the litigation. The procedural history justified imposing a sanction, but not an immediate stay; a 28-day period was granted for payment. No civil restraint order was made as the threshold was not met.

Court Disposition

Applications disposed; stay of proceedings unless costs paid; civil restraint order refused.

Orders

  • Claimant must pay costs under the 24 May 2019 Order within 28 days or claim will be stayed.
  • No applications to be made to the Court within the 28-day period.