Lyndou & Anor v Lazarichev & Ors [2023] EWHC 1487 (Ch) (16 June 2023)

Lyndou & Anor v Lazarichev & Ors [2023] EWHC 1487 (Ch) (16 June 2023)

The evidence establishes Mr Lyndou is habitually and normally resident in Poland, not Belarus. He holds a Polish temporary residence permit valid until October 2023, has registered addresses, and is employed by a Polish company. The Defendants have not proven he is resident in a non-Hague Convention State or that he gave an incorrect address in the claim form. Security for costs is refused.

Citation
[2023] EWHC 1487 (Ch)
Parties
Claimant: Mr Tsimafei Lyndou; Claimant: Mr Andrei Lyndou; Defendant: Mr Dmitry Lazarichev; Defendant: Mr Pavel Matveev; Defendant: Mr Georgy Sokolov
Jurisdiction
England and Wales
Judgment Date
16 June 2023
Procedural Posture
Security for Costs Application / Interim Application Before Trial
Outcome
Application for security for costs refused
Legal Topics
Security for Costs, Residence Under CPR 25.13, Address on Claim Form, Enforcement of Costs Orders
Civil Procedure Commercial Law Security for Costs Residence Under CPR 25.13 Address on Claim Form Enforcement of Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mr Tsimafei Lyndou

Claimant

Mr Andrei Lyndou

Claimant

Mr Dmitry Lazarichev

Defendant

Mr Pavel Matveev

Defendant

Mr Georgy Sokolov

Defendant

Procedural Posture

Security for Costs Application / Interim Application Before Trial

Legal Issues

  1. 1 Whether the claimant is resident in a non-Hague Convention State for CPR 25.13(2)(a)
  2. 2 Whether the claimant gave an incorrect address in the claim form under CPR 25.13(2)(e)
  3. 3 Whether security for costs should be ordered

Ratio Decidendi

The evidence establishes Mr Lyndou is habitually and normally resident in Poland, not Belarus. He holds a Polish temporary residence permit valid until October 2023, has registered addresses, and is employed by a Polish company. The Defendants have not proven he is resident in a non-Hague Convention State or that he gave an incorrect address in the claim form. Security for costs is refused.

Court Disposition

Application for security for costs refused

Orders

  • No order for security for costs
  • Costs reserved