Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Ors [2015] EWCA Civ 1437 (11 November 2015)

Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Ors [2015] EWCA Civ 1437 (11 November 2015)

Permission to appeal is granted to the claimants, but only on the condition that they pay the outstanding £200,000 costs to the defendants by 31 March 2016. The right to a fair hearing and impartial tribunal is fundamental, and the claimants have an arguable case on the merits, but it would be unjust to allow the appeal to proceed while the costs order remains unsatisfied.

Citation
[2015] EWCA Civ 1437
Parties
Claimant/appellant: Mulugeta Guadie Mengiste; Defendant/respondent: Endowment Fund for the Rehabilitation of Tigray
Jurisdiction
England and Wales
Judgment Date
11 November 2015
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted conditionally
Legal Topics
Stay of Proceedings, Jurisdiction, Recognition of Foreign Judgments, Costs Orders, Impartiality of Tribunal
Civil Procedure Private International Law Stay of Proceedings Jurisdiction Recognition of Foreign Judgments Costs Orders Impartiality of Tribunal

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Parties

Mulugeta Guadie Mengiste

Claimant/appellant

Endowment Fund for the Rehabilitation of Tigray

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the stay on proceedings in England should be lifted
  2. 2 Whether the claimants were denied a fair hearing in Ethiopia
  3. 3 Whether permission to appeal should be granted despite non-compliance with a costs order

Ratio Decidendi

Permission to appeal is granted to the claimants, but only on the condition that they pay the outstanding £200,000 costs to the defendants by 31 March 2016. The right to a fair hearing and impartial tribunal is fundamental, and the claimants have an arguable case on the merits, but it would be unjust to allow the appeal to proceed while the costs order remains unsatisfied.

Court Disposition

Permission to appeal granted conditionally

Orders

  • Claimants must pay £200,000 to the defendants by 31 March 2016 as a condition of permission to appeal.
  • No further extension of time for payment will be granted.