Brake & Anor v Guy & Ors [2020] EWHC 1484 (Ch) (11 June 2020)

Brake & Anor v Guy & Ors [2020] EWHC 1484 (Ch) (11 June 2020)

No order for security for costs can be made as claimants' late confirmation resolved ambiguity and no credible evidence of steps taken to protect assets from enforcement exists; costs of the application to be determined based on conduct and timing of confirmation.

Citation
[2020] EWHC 1484 (Ch)
Parties
Claimant: Nihal Mohammed Kamal Brake; Claimant: Andrew Young Brake; Defendant: Geoffrey William Guy; Defendant: The Chedington Court Estate Limited; Defendant: Axnoller Events Limited
Jurisdiction
England and Wales
Judgment Date
11 June 2020
Procedural Posture
Civil / Interlocutory Application for Security for Costs and Costs Order
Outcome
Application for security for costs dismissed; costs to be determined based on conduct.
Legal Topics
Security for Costs, Costs Orders, Asset Protection Schemes, Bankruptcy, Trust Creation, Enforcement of Costs Orders
Civil Procedure Insolvency Trusts Property Security for Costs Costs Orders Asset Protection Schemes Bankruptcy +2 more

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Parties

Nihal Mohammed Kamal Brake

Claimant

Andrew Young Brake

Claimant

Geoffrey William Guy

Defendant

The Chedington Court Estate Limited

Defendant

Axnoller Events Limited

Defendant

Procedural Posture

Civil / Interlocutory Application for Security for Costs and Costs Order

Legal Issues

  1. 1 Whether claimants took steps in relation to assets making enforcement of costs orders difficult under CPR 25.13(2)(g)
  2. 2 Whether security for costs should be ordered
  3. 3 Whether costs should be awarded and on what basis

Ratio Decidendi

No order for security for costs can be made as claimants' late confirmation resolved ambiguity and no credible evidence of steps taken to protect assets from enforcement exists; costs of the application to be determined based on conduct and timing of confirmation.

Court Disposition

Application for security for costs dismissed; costs to be determined based on conduct.

Orders

  • No order for security for costs against claimants.
  • Costs of the application to be assessed; parties to make submissions on indemnity basis.