J Robbins Capital Partners Limited v Zamsort Limited & Ors

J Robbins Capital Partners Limited v Zamsort Limited & Ors

The claimant provided detailed and credible evidence that it cannot pay and cannot raise the funds to satisfy the outstanding costs orders. Enforcing payment as a condition for amendment or by staying the proceedings would stifle the claim and infringe the claimant's right of access to justice under Article 6 ECHR. The court therefore declines to stay the proceedings or impose such a condition.

Parties
Claimant: J Robbins Capital Partners Limited; First Defendant: Zamsort Limited; Second Defendant: Ortac Resources (UK) Limited; Third Defendant: ARC Minerals Limited
Jurisdiction
England and Wales
Judgment Date
31 July 2024
Procedural Posture
Commercial Court Claim / Interlocutory Application to Amend Particulars of Claim and Application for Stay Pending Payment of Costs Orders
Outcome
Application to amend particulars of claim allowed; application for stay dismissed
Legal Topics
Costs Orders, Stay of Proceedings, Access to Justice, Amendment of Pleadings
Civil Procedure Commercial Law Costs Orders Stay of Proceedings Access to Justice Amendment of Pleadings

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Parties

J Robbins Capital Partners Limited

Claimant

Zamsort Limited

First Defendant

Ortac Resources (UK) Limited

Second Defendant

ARC Minerals Limited

Third Defendant

Procedural Posture

Commercial Court Claim / Interlocutory Application to Amend Particulars of Claim and Application for Stay Pending Payment of Costs Orders

Legal Issues

  1. 1 Whether the claimant should be permitted to amend its particulars of claim subject to payment of outstanding costs orders
  2. 2 Whether the proceedings should be stayed until the claimant pays outstanding costs orders
  3. 3 Whether enforcement of costs orders by stay would stifle the claim and infringe Article 6 ECHR

Ratio Decidendi

The claimant provided detailed and credible evidence that it cannot pay and cannot raise the funds to satisfy the outstanding costs orders. Enforcing payment as a condition for amendment or by staying the proceedings would stifle the claim and infringe the claimant's right of access to justice under Article 6 ECHR. The court therefore declines to stay the proceedings or impose such a condition.

Court Disposition

Application to amend particulars of claim allowed; application for stay dismissed

Orders

  • Claimant permitted to amend particulars of claim on usual terms
  • No stay of proceedings imposed