HRH Princess Deema Bint Sultan Bin Abdulaziz Al Saud v Ronald William Gibbs

HRH Princess Deema Bint Sultan Bin Abdulaziz Al Saud v Ronald William Gibbs

A debarring order prevents a defendant from defending proceedings, but does not necessarily bar applications for payment on account of costs already awarded in respect of discontinued claims. However, applications such as security for costs, which seek to defeat the substantive claims, are barred by the debarring order.

Parties
Claimant: HRH Princess Deema Bint Sultan Bin Abdulaziz Al Saud; Defendant: Ronald William Gibbs; Non Cause of Action Respondent: Sunnydale Services Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil / Pre Trial Review
Outcome
Defendant permitted to pursue payment on account application; security for costs application barred and dismissed.
Legal Topics
Debarring Orders, Costs, Security for Costs, Summary Judgment
Civil Procedure Debarring Orders Costs Security for Costs Summary Judgment

Case Brief

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Parties

HRH Princess Deema Bint Sultan Bin Abdulaziz Al Saud

Claimant

Ronald William Gibbs

Defendant

Sunnydale Services Limited

Non Cause of Action Respondent

Procedural Posture

Civil / Pre Trial Review

Legal Issues

  1. 1 Effect of debarring order on defendant's ability to pursue interlocutory applications
  2. 2 Distinction between defending proceedings and seeking interlocutory remedies

Ratio Decidendi

A debarring order prevents a defendant from defending proceedings, but does not necessarily bar applications for payment on account of costs already awarded in respect of discontinued claims. However, applications such as security for costs, which seek to defeat the substantive claims, are barred by the debarring order.

Court Disposition

Defendant permitted to pursue payment on account application; security for costs application barred and dismissed.

Orders

  • Defendant may pursue application for payment on account of costs previously ordered in his favour.
  • Defendant barred from pursuing security for costs application.