HHJ Keyser KC (sitting as a Judge of the High Court) has handed down judgment dismissing the Defendants’ appeal on the issue of security for costs in Lazarichev & Ors v Lyndou [2024] EWHC 8 (Ch). In dismissing the appeal, the Judge referred to the “thorough and carefully reasoned judgment” of Master Pester at first instance.
The appeal raised the novel issue of whether word “resident” in r.25.13(2)(a) of the Civil Procedure Rules meant “lawfully resident”, or whether it was a factual question of whether or not the relevant party was in fact resident in the jurisdiction in question.
A copy of the High Court judgment is available here: https://www.bailii.org/ew/cases/EWHC/Ch/2024/8.html.
Harcus Parker, instructing Max Mallin KC and Lee Jia Wei of Wilberforce Chambers, acted for the successful Respondent to the appeal.