Podstreshnyy v Pericles Properties Ltd & Ors

Podstreshnyy v Pericles Properties Ltd & Ors

The hearing was adjourned to allow the second defendant to obtain legal representation and legal aid, but the costs thrown away by the adjournment are payable by the second defendant to the claimant, with assessment deferred to the next hearing.

Parties
Claimant/applicant: Artem Podstreshnyy; First Defendant/first Respondent: Pericles Properties Limited; Second Defendant/second Respondent: Olita Sellers (also known as Olga Olita Sellers)
Jurisdiction
England and Wales
Judgment Date
12 December 2018
Procedural Posture
Committal Application (civil Contempt) / Adjournment of Committal Hearing Pending Legal Aid and Representation
Outcome
hearing adjourned; costs order in principle against second defendant
Legal Topics
Committal for Contempt, Adjournment, Legal Aid, Costs
Civil Procedure Contempt of Court Committal for Contempt Adjournment Legal Aid Costs

Case Brief

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Parties

Artem Podstreshnyy

Claimant/applicant

Pericles Properties Limited

First Defendant/first Respondent

Olita Sellers (also known as Olga Olita Sellers)

Second Defendant/second Respondent

Procedural Posture

Committal Application (civil Contempt) / Adjournment of Committal Hearing Pending Legal Aid and Representation

Legal Issues

  1. 1 Whether the hearing of the committal application should be adjourned to allow the second defendant to obtain legal representation and legal aid
  2. 2 Whether the claimant is entitled to costs thrown away due to the adjournment

Ratio Decidendi

The hearing was adjourned to allow the second defendant to obtain legal representation and legal aid, but the costs thrown away by the adjournment are payable by the second defendant to the claimant, with assessment deferred to the next hearing.

Court Disposition

hearing adjourned; costs order in principle against second defendant

Orders

  • Hearing of the committal application adjourned to a date between 6 and 8 February next year to allow the second defendant to obtain legal representation and legal aid.
  • Costs thrown away as a result of the adjournment to be paid by the second defendant to the claimant, with summary assessment adjourned to the next hearing.