Haque v Hussain & Ors [2021] EWHC 2347 (Ch) (26 August 2021)

Haque v Hussain & Ors [2021] EWHC 2347 (Ch) (26 August 2021)

There are real risks, established on objectively justified grounds, that the defendants will be unable to enforce any judgment for costs against the claimant in Pakistan due to political, practical, and legal obstacles, including corruption, politicisation of the judiciary, and the claimant's status as a government...

Source-derived case information.

Citation
[2021] EWHC 2347 (Ch)
Parties
Claimant: Syed Aminul Haque; Defendant: Altaf Hussain; Defendant: Iqbal Husain; Defendant: Tariq Mir; Defendant: Muhammad Anwar; Defendant: Iftikhar Hussain; Defendant: Qasim Ali Raza; Defendant: Euro Property Developments Limited
Jurisdiction
England and Wales
Judgment Date
26 August 2021
Procedural Posture
Security for Costs Application / Interlocutory
Outcome
Application for security for costs granted
Legal Topics
Security for Costs, Enforcement of Foreign Judgments, Political Interference, Representative Actions
Civil Procedure International Enforcement Security for Costs Enforcement of Foreign Judgments Political Interference Representative Actions

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Parties

Syed Aminul Haque

Claimant

Altaf Hussain

Defendant

Iqbal Husain

Defendant

Tariq Mir

Defendant

Muhammad Anwar

Defendant

Iftikhar Hussain

Defendant

Qasim Ali Raza

Defendant

Euro Property Developments Limited

Defendant

Procedural Posture

Security for Costs Application / Interlocutory

Legal Issues

  1. 1 Whether security for costs should be ordered against a claimant resident in Pakistan
  2. 2 Whether there are real risks of substantial obstacles to enforcement of an English costs order in Pakistan
  3. 3 Adequacy of guarantee offered by claimant

Ratio Decidendi

There are real risks, established on objectively justified grounds, that the defendants will be unable to enforce any judgment for costs against the claimant in Pakistan due to political, practical, and legal obstacles, including corruption, politicisation of the judiciary, and the claimant's status as a government minister. The guarantee offered does not provide adequate protection. Security for costs is therefore ordered.

Court Disposition

Application for security for costs granted

Orders

  • Security for costs to be ordered; amount and manner to be determined at subsequent hearing