Ashraful Alam Khokan v Jawad Hossain Nirjhor

Ashraful Alam Khokan v Jawad Hossain Nirjhor

The Defendant established a clear case for an unless order due to the Claimant's deliberate non-compliance with the costs order, inadequate and evasive evidence regarding his means, and the absence of any overwhelming Article 6 consideration. The court also found both conditions for security for costs satisfied, given the Claimant's residence outside the jurisdiction and steps taken to obscure assets, and ordered security in the sum of £26,000. The applications for extension of time and relief from sanctions were refused.

Parties
Claimant: Ashraful Alam Khokan; Defendant: Jawad Hossain Nirjhor
Jurisdiction
England and Wales
Judgment Date
19 July 2024
Procedural Posture
Civil Defamation / Interlocutory Applications: Unless Order for Costs, Security for Costs, and Relief From Sanctions Prior to Trial
Outcome
Defendant's applications granted; Claimant's application refused
Legal Topics
Unless Orders, Security for Costs, Relief From Sanctions, Costs Orders, Enforcement of Judgments, Impecuniosity, Access to Justice, Summary Judgment
Civil Procedure Defamation Unless Orders Security for Costs Relief From Sanctions Costs Orders Enforcement of Judgments Impecuniosity +2 more

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Parties

Ashraful Alam Khokan

Claimant

Jawad Hossain Nirjhor

Defendant

Procedural Posture

Civil Defamation / Interlocutory Applications: Unless Order for Costs, Security for Costs, and Relief From Sanctions Prior to Trial

Legal Issues

  1. 1 Whether an unless order should be made for non-payment of an immediate costs order
  2. 2 Whether security for costs should be ordered against a foreign-resident claimant
  3. 3 Whether relief from sanctions or extension of time should be granted for non-compliance with a costs order

Ratio Decidendi

The Defendant established a clear case for an unless order due to the Claimant's deliberate non-compliance with the costs order, inadequate and evasive evidence regarding his means, and the absence of any overwhelming Article 6 consideration. The court also found both conditions for security for costs satisfied, given the Claimant's residence outside the jurisdiction and steps taken to obscure assets, and ordered security in the sum of £26,000. The applications for extension of time and relief from sanctions were refused.

Court Disposition

Defendant's applications granted; Claimant's application refused

Orders

  • Unless the Claimant pays £20,646.58 by a date to be determined, his claim will be struck out.
  • The Claimant must provide security for costs in the sum of £26,000 by a date to be determined.