Ghassemian v de Beaumont & Anor

Ghassemian v de Beaumont & Anor

The proceedings are stayed both due to the automatic stay under Covid-19 rules (PD 51Z and subsequent amendments) and because the court must consider whether the possession claim is contrary to the ECRO, especially in light of the claimant's misleading statements regarding actions taken during the gap between ECROs. The stay will continue until a hearing after the expiry of the coronavirus stay, at which the scope of the ECRO and any further orders will be considered.

Parties
Claimant: Sharooz Ghassemian; Defendant: Matthieu Henri Andre du Bosq de Beaumont; Defendant: Anthina Emmanuelle Essig
Jurisdiction
England and Wales
Judgment Date
24 June 2020
Procedural Posture
Possession Claim / Civil Restraint Order Proceedings / Interlocutory Application / Order on Paper
Outcome
Proceedings stayed; directions for further hearing after expiry of coronavirus stay
Legal Topics
Extended Civil Restraint Orders, Possession Proceedings, Abuse of Process, Covid 19 Procedure Rules
Civil Procedure Property Law Extended Civil Restraint Orders Possession Proceedings Abuse of Process Covid 19 Procedure Rules

Case Brief

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Parties

Sharooz Ghassemian

Claimant

Matthieu Henri Andre du Bosq de Beaumont

Defendant

Anthina Emmanuelle Essig

Defendant

Procedural Posture

Possession Claim / Civil Restraint Order Proceedings / Interlocutory Application / Order on Paper

Legal Issues

  1. 1 Whether the possession claim issued by the claimant is contrary to the Extended Civil Restraint Order (ECRO) made against him
  2. 2 Whether the proceedings should be stayed due to the ECRO and/or Covid-19 related rules
  3. 3 Whether the claimant misled the court regarding actions taken during the ECRO gap period

Ratio Decidendi

The proceedings are stayed both due to the automatic stay under Covid-19 rules (PD 51Z and subsequent amendments) and because the court must consider whether the possession claim is contrary to the ECRO, especially in light of the claimant's misleading statements regarding actions taken during the gap between ECROs. The stay will continue until a hearing after the expiry of the coronavirus stay, at which the scope of the ECRO and any further orders will be considered.

Court Disposition

Proceedings stayed; directions for further hearing after expiry of coronavirus stay

Orders

  • The action is stayed until the expiry of the coronavirus stay and further order of the court.
  • The claimant and parties may make submissions at a future hearing regarding the scope of the ECRO and any further orders.