Dr Morteza Rajabieslami v Sam Tariverdi & Ors

Dr Morteza Rajabieslami v Sam Tariverdi & Ors

Security for costs was ordered because the claimant is resident outside the jurisdiction, there is a real risk of serious obstacles to enforcement in Qatar, and the evidence regarding assets in the UAE is insufficiently reliable to obviate that risk. The merits of the case do not clearly and shortly demonstrate a high probability of success for the claimant, and no evidence was provided that security would stifle the claim.

Parties
Claimant: Dr Morteza Rajabieslami; Defendant: Mr Sam Tariverdi; Defendant: Melousa Inc; Defendant: Passa Navigation Inc
Jurisdiction
England and Wales
Judgment Date
06 March 2023
Procedural Posture
Commercial Court Claim / Application for Security for Costs
Outcome
application for security for costs granted
Legal Topics
Security for Costs, Enforcement of Foreign Judgments, Freezing Injunctions, Trusts, Fraud Allegations
Civil Procedure Commercial Law Security for Costs Enforcement of Foreign Judgments Freezing Injunctions Trusts Fraud Allegations

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Parties

Dr Morteza Rajabieslami

Claimant

Mr Sam Tariverdi

Defendant

Melousa Inc

Defendant

Passa Navigation Inc

Defendant

Procedural Posture

Commercial Court Claim / Application for Security for Costs

Legal Issues

  1. 1 Whether the defendants are entitled to security for costs under CPR 25.13(2) against a claimant resident outside the jurisdiction
  2. 2 Whether there are objectively justified grounds relating to obstacles to or the burden of enforcement in Qatar
  3. 3 Whether the merits of the underlying action justify refusing security for costs

Ratio Decidendi

Security for costs was ordered because the claimant is resident outside the jurisdiction, there is a real risk of serious obstacles to enforcement in Qatar, and the evidence regarding assets in the UAE is insufficiently reliable to obviate that risk. The merits of the case do not clearly and shortly demonstrate a high probability of success for the claimant, and no evidence was provided that security would stifle the claim.

Court Disposition

application for security for costs granted

Orders

  • Claimant to provide security for defendants' costs in the sum of GBP 203,298 by 4pm on 31 March 2023, either by payment into court or other method acceptable to defendants or court.
  • Claimant to pay defendants' costs of the application, summarily assessed at GBP 60,000 by 4pm on 31 March 2023.