Dass v Beggs & Anor

Dass v Beggs & Anor

The diversion of payment to the claimant's son's account did not make enforcement of a costs order more difficult, as bankruptcy proceedings would have absorbed the funds had they been in the claimant's own account; therefore, the gateway under CPR 25.13(2)(g) was not satisfied.

Parties
Claimant: Ramsey Dass; Defendant: Himeneise Beggs; Defendant: Gabriel Kozub-Beggs
Jurisdiction
England and Wales
Judgment Date
03 February 2014
Procedural Posture
Civil / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused.
Legal Topics
Security for Costs, Bankruptcy, Fiduciary Duty, Misrepresentation
Civil Procedure Security for Costs Bankruptcy Fiduciary Duty Misrepresentation

Case Brief

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Parties

Ramsey Dass

Claimant

Himeneise Beggs

Defendant

Gabriel Kozub-Beggs

Defendant

Procedural Posture

Civil / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claimant took steps in relation to his assets making enforcement of a costs order difficult under CPR 25.13(2)(g)
  2. 2 Whether the diversion of sale proceeds to the claimant's son's account constitutes such a step
  3. 3 Whether the bankruptcy proceedings affect enforcement of a costs order

Ratio Decidendi

The diversion of payment to the claimant's son's account did not make enforcement of a costs order more difficult, as bankruptcy proceedings would have absorbed the funds had they been in the claimant's own account; therefore, the gateway under CPR 25.13(2)(g) was not satisfied.

Court Disposition

Permission to appeal refused.

Orders

  • Renewed application for permission to appeal is refused.
  • Even if arguable, appeal would have been dismissed.