Dumford Trading AG v OAO Atlantrybflot

Dumford Trading AG v OAO Atlantrybflot

Costs below and on appeal are reserved for the Commercial Court judge to determine; leave to appeal to the House of Lords is refused; no conditional order is made as practice direction requirements are not satisfied; security for costs remains in court pending a timely Part 24 application; actions to be listed together if a second action is brought; no order for timing of defence; jurisdictional challenge to be pursued before the Commercial Court judge.

Parties
Claimant/respondent: Dumford Trading AG; Defendant/appellant: OAO Atlantrybflot
Jurisdiction
England and Wales
Judgment Date
26 January 2005
Procedural Posture
Civil Appeal / Post Appeal Judgment and Directions
Outcome
Appeal dismissed with directions; costs reserved; leave to appeal refused; no conditional order granted.
Legal Topics
Costs, Security for Costs, Jurisdiction, Part 24 Application
Civil Procedure Costs Security for Costs Jurisdiction Part 24 Application

Case Brief

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Parties

Dumford Trading AG

Claimant/respondent

OAO Atlantrybflot

Defendant/appellant

Procedural Posture

Civil Appeal / Post Appeal Judgment and Directions

Legal Issues

  1. 1 Whether costs below and on appeal should be reserved
  2. 2 Whether leave to appeal to the House of Lords should be granted
  3. 3 Whether a conditional order should be made

Ratio Decidendi

Costs below and on appeal are reserved for the Commercial Court judge to determine; leave to appeal to the House of Lords is refused; no conditional order is made as practice direction requirements are not satisfied; security for costs remains in court pending a timely Part 24 application; actions to be listed together if a second action is brought; no order for timing of defence; jurisdictional challenge to be pursued before the Commercial Court judge.

Court Disposition

Appeal dismissed with directions; costs reserved; leave to appeal refused; no conditional order granted.

Orders

  • Costs below and on appeal reserved for Commercial Court judge
  • Leave to appeal to House of Lords refused