BRG Noal GP S.à r.l. & Anor v Stefan Kowski & Anor

BRG Noal GP S.à r.l. & Anor v Stefan Kowski & Anor

Permission to appeal refused as no real prospect of success or compelling reason; indemnity costs refused as claimants' conduct was not outside the norm.

Parties
Claimant: BRG NOAL GP S.à r.l.; Claimant: NOAL SCSp (acting by its general partner BRG NOAL GP S.à r.l.); Defendant: STEFAN KOWSKI; Defendant: BASTIAN LUEKEN
Jurisdiction
England and Wales
Judgment Date
11 April 2022
Procedural Posture
Civil / Post Judgment Application for Permission to Appeal and Costs
Outcome
Permission to appeal refused; application for indemnity costs refused.
Legal Topics
Anti Suit Injunction, Forum Non Conveniens, Indemnity Costs
Civil Procedure Injunctions Anti Suit Injunction Forum Non Conveniens Indemnity Costs

Case Brief

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Parties

BRG NOAL GP S.à r.l.

Claimant

NOAL SCSp (acting by its general partner BRG NOAL GP S.à r.l.)

Claimant

STEFAN KOWSKI

Defendant

BASTIAN LUEKEN

Defendant

Procedural Posture

Civil / Post Judgment Application for Permission to Appeal and Costs

Legal Issues

  1. 1 Whether permission to appeal should be granted
  2. 2 Whether indemnity costs should be awarded

Ratio Decidendi

Permission to appeal refused as no real prospect of success or compelling reason; indemnity costs refused as claimants' conduct was not outside the norm.

Court Disposition

Permission to appeal refused; application for indemnity costs refused.

Orders

  • Claimants must seek permission to appeal from Court of Appeal if desired.
  • No order for indemnity costs.