Janvey v Wastell & Anor

Janvey v Wastell & Anor

The US receiver, having submitted to the jurisdiction of the English court, is liable for the costs of the Antiguan liquidators relating to the appeal, with an interim payment of £130,000 ordered and enforcement stayed pending possible application to the Supreme Court.

Parties
Appellant: Ralph Steven Janvey; Respondent: Peter Nicholas Wastell; Respondent: Nigel John Hamilton-Smith; Appellant: Serious Fraud Office; Appellant: Stanford International Bank Ltd (by its liquidators); Respondent: Director of the Serious Fraud Office; Other Affected Party: Robert Allen Standford; Other Affected Party: James Davis; Other Affected Party: Laura Pendergest-Holt
Jurisdiction
England and Wales
Judgment Date
25 February 2010
Procedural Posture
Civil and Criminal Appeal / Court of Appeal Judgment on Costs and Interim Payment
Outcome
Costs order made against US receiver; interim payment of £130,000 ordered; permission to appeal refused; stay granted pending Supreme Court application.
Legal Topics
Costs, Interim Payment, Jurisdiction, Permission to Appeal, Stay of Order
Insolvency Cross Border Insolvency Civil Procedure Criminal Procedure Costs Interim Payment Jurisdiction Permission to Appeal +1 more

Case Brief

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Parties

Ralph Steven Janvey

Appellant

Peter Nicholas Wastell

Respondent

Nigel John Hamilton-Smith

Respondent

Serious Fraud Office

Appellant

Stanford International Bank Ltd (by its liquidators)

Appellant

Director of the Serious Fraud Office

Respondent

Robert Allen Standford

Other Affected Party

James Davis

Other Affected Party

Laura Pendergest-Holt

Other Affected Party

Procedural Posture

Civil and Criminal Appeal / Court of Appeal Judgment on Costs and Interim Payment

Legal Issues

  1. 1 Whether the US receiver should pay the costs of the Antiguan liquidators
  2. 2 Appropriate amount for interim payment
  3. 3 Timing and enforceability of costs order

Ratio Decidendi

The US receiver, having submitted to the jurisdiction of the English court, is liable for the costs of the Antiguan liquidators relating to the appeal, with an interim payment of £130,000 ordered and enforcement stayed pending possible application to the Supreme Court.

Court Disposition

Costs order made against US receiver; interim payment of £130,000 ordered; permission to appeal refused; stay granted pending Supreme Court application.

Orders

  • US receiver to pay costs of Antiguan liquidators relating to appeal, assessed on standard basis.
  • Interim payment of £130,000 ordered.