Tamiz v Offley & Anor [2022] EWHC 305 (QB) (15 February 2022)

Tamiz v Offley & Anor [2022] EWHC 305 (QB) (15 February 2022)

The Defendant was a nominal claimant acting for the benefit of others, had no direct interest in the counterclaim, and there was reason to believe she would be unable to pay the Claimants’ costs if ordered. The Judge’s findings of fact were justified and not overturned on appeal. Security for costs was properly ordered.

Citation
[2022] EWHC 305 (QB)
Parties
Appellant/defendant: Sohila Tamiz; Respondent/claimant: Anthony Offley; Respondent/claimant: The Green Bee Ltd
Jurisdiction
England and Wales
Judgment Date
15 February 2022
Procedural Posture
Appeal / Judgment on Appeal Against Case Management Order
Outcome
Appeal dismissed
Legal Topics
Security for Costs, Nominal Claimant, Impecuniosity, Case Management Discretion
Civil Procedure Agency Law Security for Costs Nominal Claimant Impecuniosity Case Management Discretion

Case Brief

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Parties

Sohila Tamiz

Appellant/defendant

Anthony Offley

Respondent/claimant

The Green Bee Ltd

Respondent/claimant

Procedural Posture

Appeal / Judgment on Appeal Against Case Management Order

Legal Issues

  1. 1 Whether the Defendant was a nominal claimant for the counterclaim
  2. 2 Whether the Defendant had sufficient interest in the counterclaim
  3. 3 Whether the Defendant had given sufficient evidence of ability to pay adverse costs order

Ratio Decidendi

The Defendant was a nominal claimant acting for the benefit of others, had no direct interest in the counterclaim, and there was reason to believe she would be unable to pay the Claimants’ costs if ordered. The Judge’s findings of fact were justified and not overturned on appeal. Security for costs was properly ordered.

Court Disposition

Appeal dismissed

Orders

  • Stay of the Order of HHJ Roberts lifted forthwith
  • Extension of time for payments under HHJ Roberts’ order