My Protection Guru Ltd v LifeSearch Partners Ltd [2023] EWHC 2573 (Comm) (20 October 2023)

My Protection Guru Ltd v LifeSearch Partners Ltd [2023] EWHC 2573 (Comm) (20 October 2023)

No order as to costs was appropriate for both parties in relation to the confidentiality order, as both succeeded in part and the compromise reflected a balanced outcome; LifeSearch's application for security for costs was granted as MPG failed to provide full and frank evidence that security would stifle the claim, and the court was not satisfied that MPG could not raise the required funds or obtain ATE insurance.

Citation
[2023] EWHC 2573 (Comm)
Parties
Claimant/respondent: MY PROTECTION GURU LIMITED; Defendant/applicant: LIFESEARCH PARTNERS LIMITED
Jurisdiction
England and Wales
Judgment Date
20 October 2023
Procedural Posture
Commercial Claim (insurance Brokerage Dispute) / Interlocutory Applications (costs and Security for Costs)
Outcome
LifeSearch's application for costs dismissed; application for security for costs granted.
Legal Topics
Confidentiality Orders, Security for Costs, Costs Orders, Breach of Contract, Repudiatory Breach
Commercial Law Civil Procedure Confidentiality Orders Security for Costs Costs Orders Breach of Contract Repudiatory Breach

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Parties

MY PROTECTION GURU LIMITED

Claimant/respondent

LIFESEARCH PARTNERS LIMITED

Defendant/applicant

Procedural Posture

Commercial Claim (insurance Brokerage Dispute) / Interlocutory Applications (costs and Security for Costs)

Legal Issues

  1. 1 Entitlement to costs following a consent confidentiality order under CPR 5.4C
  2. 2 Whether to order security for costs against an impecunious claimant

Ratio Decidendi

No order as to costs was appropriate for both parties in relation to the confidentiality order, as both succeeded in part and the compromise reflected a balanced outcome; LifeSearch's application for security for costs was granted as MPG failed to provide full and frank evidence that security would stifle the claim, and the court was not satisfied that MPG could not raise the required funds or obtain ATE insurance.

Court Disposition

LifeSearch's application for costs dismissed; application for security for costs granted.

Orders

  • No order as to costs for both parties in relation to the confidentiality order and pre-action conduct.
  • MPG to provide security for costs in the total sum of £575,147, staged as follows: £288,497 by 17 November 2023, £76,500 by 1 April 2024, £210,150 by 1 August 2024, either by payment into court or by entering into a suitable ATE insurance policy.