Sunil Gupta & Anor v Olgun Halil Shah & Ors

Facts

The claimants, Dr Sunil Gupta and Sunil Gupta MD LLC, brought long-running proceedings in the Business List arising out of sums wrongly appropriated by the first defendant, Olgun Halil Shah, who was the father of the fourth and sixth defendants and who is said by them to have died. Judgment was entered against the first and third defendants for significant sums by an order of Sir Anthony Mann on 31 March 2023 and by a further order of Mr Nicholas Thompsell, then sitting as a Deputy Judge of the High Court, on 15 July 2024. Of the money received by the first defendant, £100,000 had been paid over to the fourth, fifth and sixth defendants; those sums have since been repaid. On 17 October 2025 Mr Andrew Twigger KC, sitting as a Deputy Judge, granted reverse summary judgment to the fourth and sixth defendants, dismissed the claim against them and ordered the claimants to pay their costs on the indemnity basis, with payments on account of £75,000 and £55,000 due by 1 November 2025. Those sums went unpaid, as did a further £20,000 mistakenly paid out of court to the claimants. By an application notice dated 6 November 2025 the fourth and sixth defendants sought an unless order debarring the claimants from further participation until payment.