HRH Princess Deema Bint Sultan Bin Abdulaziz Al Saud v Gibbs [2023] EWHC 3111 (Comm) (05 December 2023)

HRH Princess Deema Bint Sultan Bin Abdulaziz Al Saud v Gibbs [2023] EWHC 3111 (Comm) (05 December 2023)

A debarring order does not prevent a defendant from pursuing an application for payment on account of costs previously ordered in his favour, as this does not amount to defending the proceedings. However, a security for costs application, which seeks to defeat or delay the claimant's claims, does amount to defending the proceedings and is barred by the debarring order.

Citation
[2023] EWHC 3111 (Comm)
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
05 December 2023
Procedural Posture
Commercial Court Claim / Pre Trial Review
Outcome
Defendant permitted to pursue payment on account application but not security for costs application; payment on account application dismissed.
Legal Topics
Debarring Orders, Disclosure, Security for Costs, Costs on Discontinuance, Summary Judgment
Civil Procedure Commercial Law Debarring Orders Disclosure Security for Costs Costs on Discontinuance 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

Commercial Court Claim / Pre Trial Review

Legal Issues

  1. 1 Whether a debarring order prevents a defendant from pursuing interlocutory applications not amounting to defending the proceedings
  2. 2 Whether the defendant can pursue an application for payment on account of costs after being debarred
  3. 3 Whether the defendant can pursue a security for costs application after being debarred

Ratio Decidendi

A debarring order does not prevent a defendant from pursuing an application for payment on account of costs previously ordered in his favour, as this does not amount to defending the proceedings. However, a security for costs application, which seeks to defeat or delay the claimant's claims, does amount to defending the proceedings and is barred by the debarring order.

Court Disposition

Defendant permitted to pursue payment on account application but not security for costs application; payment on account application dismissed.

Orders

  • Defendant's application for payment on account of costs dismissed.
  • Defendant debarred from pursuing security for costs application.