Shell UK Ltd v Advisory Business Services Plc & Ors [2001] EWCA Civ 426 (26 March 2001)

Shell UK Ltd v Advisory Business Services Plc & Ors [2001] EWCA Civ 426 (26 March 2001)

Security for costs was ordered against the first defendant to protect the claimant's position, and the second and third defendants were entitled to their costs for attending to clarify the claimant's application.

Citation
[2001] EWCA Civ 426
Parties
Claimant/applicant: Shell UK Limited; First Defendant/respondent: Advisory Business Services PLC; Second Defendant/respondent: Peter Robert Southgate; Third Defendant/respondent: Philip Skorochod; Fourth Defendant/respondent: DA Philips & Co Ltd
Jurisdiction
England and Wales
Judgment Date
26 March 2001
Procedural Posture
Application for Security for Costs / Appeal From Central London County Court
Outcome
Application for security for costs granted; costs orders made as specified.
Legal Topics
Security for Costs, Costs Orders, Appeal Procedure
Civil Procedure Security for Costs Costs Orders Appeal Procedure

Case Brief

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Parties

Shell UK Limited

Claimant/applicant

Advisory Business Services PLC

First Defendant/respondent

Peter Robert Southgate

Second Defendant/respondent

Philip Skorochod

Third Defendant/respondent

DA Philips & Co Ltd

Fourth Defendant/respondent

Procedural Posture

Application for Security for Costs / Appeal From Central London County Court

Legal Issues

  1. 1 Whether security for costs should be ordered against the first defendant
  2. 2 Entitlement to costs for parties attending to clarify the claimant's position

Ratio Decidendi

Security for costs was ordered against the first defendant to protect the claimant's position, and the second and third defendants were entitled to their costs for attending to clarify the claimant's application.

Court Disposition

Application for security for costs granted; costs orders made as specified.

Orders

  • ABS substituted as first defendant in place of AB Advisory Business Services Plc.
  • First defendant to pay £12,000 security for costs into court by 2nd April; failure results in stay of first defendant's appeal.