Tsimafei Lyndou & Anor v Dmitry Lazarichev & Ors

Tsimafei Lyndou & Anor v Dmitry Lazarichev & Ors

The Defendants failed to prove, on the balance of probabilities, that Mr Lyndou is not resident in Poland or that he gave an incorrect address on the claim form. The evidence shows he is habitually and normally resident in Poland, a Hague Convention state, and the court will not look behind the Polish authorities' grant of a residence permit absent clear evidence of unlawfulness or imminent revocation. The surveillance and documentary evidence does not establish that the address given was incorrect.

Parties
Claimant: Mr Tsimafei Lyndou; Claimant (discontinued): Mr Andrei Lyndou; Defendant: Mr Dmitry Lazarichev; Defendant: Mr Pavel Matveev; Defendant: Mr Georgy Sokolov
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil (business/partnership) / Interlocutory Application (security for Costs)
Outcome
Application for security for costs dismissed
Legal Topics
Security for Costs, Residence for Jurisdiction, Address on Claim Form, Partnership Disputes
Civil Procedure Business Law Security for Costs Residence for Jurisdiction Address on Claim Form Partnership Disputes

Case Brief

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Parties

Mr Tsimafei Lyndou

Claimant

Mr Andrei Lyndou

Claimant (discontinued)

Mr Dmitry Lazarichev

Defendant

Mr Pavel Matveev

Defendant

Mr Georgy Sokolov

Defendant

Procedural Posture

Civil (business/partnership) / Interlocutory Application (security for Costs)

Legal Issues

  1. 1 Whether the claimant is resident in a non-Hague Convention state for the purpose of security for costs under CPR 25.13(2)(a)
  2. 2 Whether the claimant gave an incorrect address on the claim form under CPR 25.13(2)(e)

Ratio Decidendi

The Defendants failed to prove, on the balance of probabilities, that Mr Lyndou is not resident in Poland or that he gave an incorrect address on the claim form. The evidence shows he is habitually and normally resident in Poland, a Hague Convention state, and the court will not look behind the Polish authorities' grant of a residence permit absent clear evidence of unlawfulness or imminent revocation. The surveillance and documentary evidence does not establish that the address given was incorrect.

Court Disposition

Application for security for costs dismissed

Orders

  • Defendants’ application for security for costs is dismissed
  • Parties to be heard on the precise form of order and consequential matters within 28 days if not agreed