Aoun v Bahri & Anor [2002] EWCA Civ 1390 (4 September 2002)

Aoun v Bahri & Anor [2002] EWCA Civ 1390 (4 September 2002)

The deposit of a share certificate in Apex General Trading SA did not provide security of the quality required by the court's order due to uncertainty of ownership, ongoing criminal proceedings, lack of marketability, and practical difficulties in realisation. The appellant failed to comply with the order for security for costs, and the appeal stands dismissed.

Citation
[2002] EWCA Civ 1390
Parties
Claimant/appellant: Mohammad Ali Aoun; First Defendant/respondent: Hassan Bahri; Second Defendant/respondent: Costas Angelolu
Jurisdiction
England and Wales
Judgment Date
04 September 2002
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Security for Costs, Appeal Procedure, Adequacy of Security
Civil Procedure Security for Costs Appeal Procedure Adequacy of Security

Case Brief

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Parties

Mohammad Ali Aoun

Claimant/appellant

Hassan Bahri

First Defendant/respondent

Costas Angelolu

Second Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division to Court of Appeal

Legal Issues

  1. 1 Whether the deposit of a share certificate in Apex General Trading SA constitutes adequate security for costs as ordered by the court
  2. 2 Whether the appellant complied with the court's order for security for costs

Ratio Decidendi

The deposit of a share certificate in Apex General Trading SA did not provide security of the quality required by the court's order due to uncertainty of ownership, ongoing criminal proceedings, lack of marketability, and practical difficulties in realisation. The appellant failed to comply with the order for security for costs, and the appeal stands dismissed.

Court Disposition

Appeal dismissed

Orders

  • The security as tendered is not reasonably satisfactory and does not comply with the court's order.
  • The appellant's appeal is dismissed forthwith with costs.