Turkey v Awadh & Anor [2004] EWCA Civ 1471 (26 October 2004)

Turkey v Awadh & Anor [2004] EWCA Civ 1471 (26 October 2004)

A stay of execution of the £34,000 costs order is granted without requiring payment into court, as requiring such payment would risk injustice by depriving the applicant of the right to appeal. However, security for costs of the appeal in the sum of £15,000 is ordered, as the applicant is resident outside the jurisdiction and has sufficient assets to provide security.

Citation
[2004] EWCA Civ 1471
Parties
Claimant/respondent: Khalid Ali Ismail Turkey; Defendant: Adnan Mohammed Awadh; 2nd Defendant/applicant: Aziza Khalid Ali Ismail Turki
Jurisdiction
England and Wales
Judgment Date
26 October 2004
Procedural Posture
Civil Appeal / Application for Stay of Execution and Security for Costs Pending Appeal
Outcome
Application for payment into court refused; application for stay granted; security for costs ordered.
Legal Topics
Stay of Execution, Security for Costs, Undue Influence, Misrepresentation, Enforcement of Judgments
Civil Procedure Property Law Stay of Execution Security for Costs Undue Influence Misrepresentation Enforcement of Judgments

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Parties

Khalid Ali Ismail Turkey

Claimant/respondent

Adnan Mohammed Awadh

Defendant

Aziza Khalid Ali Ismail Turki

2nd Defendant/applicant

Procedural Posture

Civil Appeal / Application for Stay of Execution and Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted in respect of a costs order pending appeal
  2. 2 Whether the applicant should be required to pay the costs sum into court as a condition of appeal
  3. 3 Whether security for costs of the appeal should be ordered against the applicant

Ratio Decidendi

A stay of execution of the £34,000 costs order is granted without requiring payment into court, as requiring such payment would risk injustice by depriving the applicant of the right to appeal. However, security for costs of the appeal in the sum of £15,000 is ordered, as the applicant is resident outside the jurisdiction and has sufficient assets to provide security.

Court Disposition

Application for payment into court refused; application for stay granted; security for costs ordered.

Orders

  • Stay of execution of the £34,000 costs order granted.
  • No order requiring payment of £34,000 into court.