NIHAL MOHAMMED KAMAL BRAKE & Anor v GEOFFREY WILLIAM GUY & Ors

NIHAL MOHAMMED KAMAL BRAKE & Anor v GEOFFREY WILLIAM GUY & Ors

The third party's conduct was non-neutral, delayed, and coordinated with the judgment debtor, causing increased costs and justifying indemnity costs; the Guy Parties were the successful party and entitled to 90% of their costs, summarily assessed at £30,000.

Parties
Claimant: Nihal Mohammed Kamal Brake; Claimant: Andrew Young Brake; Defendant: Geoffrey William Guy; Defendant: The Chedington Court Estate Limited; Defendant: Axnoller Events Limited; Third Party: James Hay Pension Trustees Limited
Jurisdiction
England and Wales
Judgment Date
20 July 2022
Procedural Posture
Civil / Post Judgment Consequential Matters (including Costs)
Outcome
Application for extension dismissed; costs awarded to Guy Parties against third party.
Legal Topics
Third Party Debt Orders, Costs, Injunctions, Pension Funds
Civil Procedure Enforcement of Judgments Third Party Debt Orders Costs Injunctions Pension Funds

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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

James Hay Pension Trustees Limited

Third Party

Procedural Posture

Civil / Post Judgment Consequential Matters (including Costs)

Legal Issues

  1. 1 Whether to grant an extension of time for compliance with the court order
  2. 2 Who should bear the costs of the TPDO and related applications
  3. 3 Basis and quantum of costs assessment

Ratio Decidendi

The third party's conduct was non-neutral, delayed, and coordinated with the judgment debtor, causing increased costs and justifying indemnity costs; the Guy Parties were the successful party and entitled to 90% of their costs, summarily assessed at £30,000.

Court Disposition

Application for extension dismissed; costs awarded to Guy Parties against third party.

Orders

  • Third party to pay Guy Parties £27,000 (90% of £30,000) by 4 pm on 3 August 2022.
  • No extension of timetable granted.