Daly & Anor v Ryan & Anor [2021] EWHC 976 (Ch) (21 April 2021)

Daly & Anor v Ryan & Anor [2021] EWHC 976 (Ch) (21 April 2021)

There is a compelling reason to impose the condition requiring payment of the two outstanding costs orders as a prerequisite to pursuing the appeal, given the defendants' history of evading debts, inadequate disclosure of financial position, and failure to demonstrate that the condition would stifle the appeal. The burden of proof was not discharged by the defendants, and the condition is proportionate and justified in the circumstances.

Citation
[2021] EWHC 976 (Ch)
Parties
Claimant: Seamas Daly; Claimant: Photo Images Limited; Defendant: Thomas Gerrard Ryan; Defendant: Ryan Corporation (UK) Limited
Jurisdiction
England and Wales
Judgment Date
21 April 2021
Procedural Posture
Application in Appeal Proceedings / Application for Condition to Permission to Appeal
Outcome
Application granted
Legal Topics
Security for Costs, Debarring Orders, Appeal Conditions, Article 6 ECHR, Disclosure of Financial Position
Civil Procedure Costs Security for Costs Debarring Orders Appeal Conditions Article 6 ECHR Disclosure of Financial Position

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Seamas Daly

Claimant

Photo Images Limited

Claimant

Thomas Gerrard Ryan

Defendant

Ryan Corporation (UK) Limited

Defendant

Procedural Posture

Application in Appeal Proceedings / Application for Condition to Permission to Appeal

Legal Issues

  1. 1 Whether a condition requiring payment of outstanding costs orders should be imposed as a condition of pursuing an appeal under CPR 52.18(1)(c)
  2. 2 Whether such a condition would stifle the appeal in breach of Article 6 ECHR
  3. 3 Whether the defendants have provided full and frank disclosure of their financial position

Ratio Decidendi

There is a compelling reason to impose the condition requiring payment of the two outstanding costs orders as a prerequisite to pursuing the appeal, given the defendants' history of evading debts, inadequate disclosure of financial position, and failure to demonstrate that the condition would stifle the appeal. The burden of proof was not discharged by the defendants, and the condition is proportionate and justified in the circumstances.

Court Disposition

Application granted

Orders

  • Defendants must pay the sums due under the First and Second Costs Orders within 14 days as a condition of pursuing the appeal.