Lazarichev & Ors v Lyndou [2024] EWHC 8 (Ch) (09 January 2024)

Lazarichev & Ors v Lyndou [2024] EWHC 8 (Ch) (09 January 2024)

'Resident' in CPR r.25.13(2)(a) means factual residence and does not require lawful residence unless the statutory context or purpose compels such a requirement. The claimant's residence in Poland was lawful and, even if it were not, lawfulness is not a requirement for the purposes of security for costs under this rule. The wrongdoing principle does not bar reliance on residence for security for costs unless the statutory context so requires.

Citation
[2024] EWHC 8 (Ch)
Parties
Defendant/appellant: Dmitry Lazarichev; Defendant/appellant: Pavel Matveev; Defendant/appellant: Georgy Sokolov; Claimant/respondent: Tsimafei Lyndou
Jurisdiction
England and Wales
Judgment Date
09 January 2024
Procedural Posture
Appeal / Judgment on Appeal From Orders of Master Pester Dated 16 June 2023 and 18 July 2023
Outcome
Appeal dismissed
Legal Topics
Security for Costs, Statutory Construction, Residence Under CPR R.25.13, Wrongdoing Principle
Civil Procedure Commercial Law Security for Costs Statutory Construction Residence Under CPR R.25.13 Wrongdoing Principle

Case Brief

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Parties

Dmitry Lazarichev

Defendant/appellant

Pavel Matveev

Defendant/appellant

Georgy Sokolov

Defendant/appellant

Tsimafei Lyndou

Claimant/respondent

Procedural Posture

Appeal / Judgment on Appeal From Orders of Master Pester Dated 16 June 2023 and 18 July 2023

Legal Issues

  1. 1 Whether 'resident' in CPR r.25.13(2)(a) means 'lawfully resident'
  2. 2 Whether the wrongdoing principle bars reliance on residence obtained by alleged unlawful means
  3. 3 Whether the claimant was resident in Poland for the purposes of security for costs

Ratio Decidendi

'Resident' in CPR r.25.13(2)(a) means factual residence and does not require lawful residence unless the statutory context or purpose compels such a requirement. The claimant's residence in Poland was lawful and, even if it were not, lawfulness is not a requirement for the purposes of security for costs under this rule. The wrongdoing principle does not bar reliance on residence for security for costs unless the statutory context so requires.

Court Disposition

Appeal dismissed

Orders

  • The appeal against the refusal of security for costs is dismissed.
  • The costs order made by Master Pester stands.