National Tourism Council of Qatar v Mehdiyev [2020] EWHC 2638 (Ch) (28 September 2020)

National Tourism Council of Qatar v Mehdiyev [2020] EWHC 2638 (Ch) (28 September 2020)

Default judgment set aside on terms: defendant must pay claimant's costs of default judgment and application, provide security for costs (£175,000), and supply suitable identity documentation. Unconditional set aside rejected due to defendant's lack of good faith and failure to comply with prior orders.

Citation
[2020] EWHC 2638 (Ch)
Parties
Claimant: National Tourism Council of Qatar; Defendant: Teymur Mehdiyev
Jurisdiction
England and Wales
Judgment Date
28 September 2020
Procedural Posture
Passing Off Action / Application to Set Aside Default Judgment
Outcome
Default judgment set aside on terms
Legal Topics
Passing Off, Default Judgment, Security for Costs, Identity Documentation
Intellectual Property Civil Procedure Passing Off Default Judgment Security for Costs Identity Documentation

Case Brief

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Parties

National Tourism Council of Qatar

Claimant

Teymur Mehdiyev

Defendant

Procedural Posture

Passing Off Action / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether default judgment should be set aside
  2. 2 On what terms should default judgment be set aside
  3. 3 Whether security for costs should be ordered

Ratio Decidendi

Default judgment set aside on terms: defendant must pay claimant's costs of default judgment and application, provide security for costs (£175,000), and supply suitable identity documentation. Unconditional set aside rejected due to defendant's lack of good faith and failure to comply with prior orders.

Court Disposition

Default judgment set aside on terms

Orders

  • Defendant to pay claimant's costs of default judgment and application
  • Defendant to pay security for costs of £175,000