Newey J held that: ‘i) A person with a significant interest in the outcome of a claim will rarely, if ever, be considered a ‘nominal claimant’ within CPR 25.13(2)(f);
ii) A personal interest is not, however, essential. While a trustee, executor or personal representative will not be a ‘representative claimant under Part 19’ merely because CPR 19.7A is in point, he still will not ordinarily be a ‘nominal claimant’, regardless of whether he is also a beneficiary;
iii) At least typically, there ‘must be some element of deliberate duplicity or window-dressing’ for a person to be a ‘nominal claimant”.
Newey J
[2017] EWHC 541 (Ch), [2017] 1 WLR 3137, [2017] WLR(D) 197
Bailii, WLRD
England and Wales
Cited by:
Cited – Tulip Trading Ltd v Bitcoin Association for BSV and Others ChD 5-Jan-2022
Security required for Bitcoin claim
Two applications for security for costs. The claimant claimed against fifteen overseas residents requiring a re-write of cryotocurrency systems so that he could recover sums he said were due to him in respect of Bitcoin assets which he said have . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 17 January 2022; Ref: scu.581326