Chuku v Chuku [2017] EWHC 541 (Ch) (17 March 2017)

The Recorder was not entitled to reject Clifford's evidence of UK residence without cross-examination; Clifford was not a nominal claimant as he had a real interest in the proceedings; the existence of Owen's counterclaim made an order for security for costs inappropriate.

Citation: [2017] EWHC 541 (Ch)
Parties: Appellant/claimant: Clifford Nnanta Chuku; Respondent/defendant: Owen Chuku
Jurisdiction: England and Wales
Judgment Date: 17 March 2017
Procedural Posture: Appeal / Judgment on Appeal Against Order for Security for Costs
Outcome: Appeal allowed
Legal Topics: Security for Costs, Residence, Nominal Claimant, Counterclaim, Proprietary Estoppel, Constructive Trust, Bias

Civil Procedure Property Law Security for Costs Residence Nominal Claimant Counterclaim Proprietary Estoppel Constructive Trust +1 more

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Parties

Clifford Nnanta Chuku

Appellant/claimant

Owen Chuku

Respondent/defendant

Procedural Posture

Appeal / Judgment on Appeal Against Order for Security for Costs

Legal Issues

1 Whether the claimant was resident out of jurisdiction for CPR 25.13(2)(a)
2 Whether the claimant was a nominal claimant under CPR 25.13(2)(f)
3 Effect of counterclaim on appropriateness of security for costs

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Order for security for costs set aside
Permission to rely on additional grounds of appeal (bias) refused