Ahmad v Ouajjou & Anor [2024] EWHC 2213 (Comm) (19 July 2024)

Ahmad v Ouajjou & Anor [2024] EWHC 2213 (Comm) (19 July 2024)

The defendants failed to provide proper, detailed, and cogent evidence of inability to pay the costs order, and there is no stay or sufficient justification for non-payment. The court exercises its discretion to make an unless order requiring payment of £113,000 by 28 August 2024 as a condition for the defendants to continue defending the claim and counterclaim.

Citation
[2024] EWHC 2213 (Comm)
Parties
Claimant: Ahmad; Defendant: Ouajjou; Defendant: Anor
Jurisdiction
England and Wales
Judgment Date
19 July 2024
Procedural Posture
Commercial Court Claim / Application for Unless Order Following Non Payment of Costs
Outcome
Unless order granted: defence and counterclaim to be struck out unless £113,000 costs paid by 28 August 2024; summary assessment of costs to proceed with directions for evidence on damages-based agreement compliance.
Legal Topics
Unless Orders, Costs Enforcement, Summary Assessment, Damages Based Agreements, Freezing Orders, Committal for Contempt
Civil Procedure Commercial Law Unless Orders Costs Enforcement Summary Assessment Damages Based Agreements Freezing Orders Committal for Contempt

Case Brief

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Parties

Ahmad

Claimant

Ouajjou

Defendant

Anor

Defendant

Procedural Posture

Commercial Court Claim / Application for Unless Order Following Non Payment of Costs

Legal Issues

  1. 1 Whether an unless order should be made striking out the defence and counterclaim if defendants fail to pay previously assessed costs
  2. 2 Whether the defendants have provided sufficient evidence of inability to pay the costs order
  3. 3 Whether the existence of a Spanish administrative decree or pending appeal justifies delay or non-payment

Ratio Decidendi

The defendants failed to provide proper, detailed, and cogent evidence of inability to pay the costs order, and there is no stay or sufficient justification for non-payment. The court exercises its discretion to make an unless order requiring payment of £113,000 by 28 August 2024 as a condition for the defendants to continue defending the claim and counterclaim.

Court Disposition

Unless order granted: defence and counterclaim to be struck out unless £113,000 costs paid by 28 August 2024; summary assessment of costs to proceed with directions for evidence on damages-based agreement compliance.

Orders

  • Defendants to pay £113,000 in costs by 28 August 2024 or defence and counterclaim will be struck out.
  • Claimant to file witness statement certifying compliance with CPR 44.18(2)(b) for damages-based agreement; summary assessment of costs to proceed on paper with sequential evidence and submissions.