Ablaise Ltd v Nettec Plc & Anor [2003] EWHC 3121 (Ch) (30 October 2003)

Ablaise Ltd v Nettec Plc & Anor [2003] EWHC 3121 (Ch) (30 October 2003)

The claimant failed to discharge the burden of showing that an order for security would stifle its claim, given the significant assets of its shareholders and lack of full disclosure. Security for costs in the sum of £320,000 is appropriate.

Citation
[2003] EWHC 3121 (Ch)
Parties
Claimant: Ablaise Limited; Defendants: Nettec PLC & Anor.
Jurisdiction
England and Wales
Judgment Date
30 October 2003
Procedural Posture
Application for Security for Costs in Patent Litigation / Interlocutory Application Before Trial
Outcome
Application for security for costs granted
Legal Topics
Security for Costs, Patent Litigation, Corporate Veil, Costs in Litigation
Civil Procedure Intellectual Property Security for Costs Patent Litigation Corporate Veil Costs in Litigation

Case Brief

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Parties

Ablaise Limited

Claimant

Nettec PLC & Anor.

Defendants

Procedural Posture

Application for Security for Costs in Patent Litigation / Interlocutory Application Before Trial

Legal Issues

  1. 1 Whether security for costs should be ordered against a claimant company with insufficient assets
  2. 2 Whether an order for security would stifle the claimant's litigation
  3. 3 Whether the claimant has discharged the burden of showing it cannot raise funds for security

Ratio Decidendi

The claimant failed to discharge the burden of showing that an order for security would stifle its claim, given the significant assets of its shareholders and lack of full disclosure. Security for costs in the sum of £320,000 is appropriate.

Court Disposition

Application for security for costs granted

Orders

  • Claimant to provide security for costs in the sum of £320,000