Sarpd Oil International Ltd v Addax Energy S.A. & Anor [2015] EWHC 2426 (Comm) (14 August 2015)

Sarpd Oil International Ltd v Addax Energy S.A. & Anor [2015] EWHC 2426 (Comm) (14 August 2015)

The evidence did not establish reason to believe Sarpd would be unable to pay Addax's costs if ordered, so CPR25.13(2)(c) was not satisfied and security for costs was refused.

Citation
[2015] EWHC 2426 (Comm)
Parties
Claimant: Sarpd Oil International Limited; Defendant/part 20 Claimant: Addax Energy S.A.; Part 20 Defendant: Glencore Energy UK Limited
Jurisdiction
England and Wales
Judgment Date
14 August 2015
Procedural Posture
Commercial Court Application for Security for Costs / Interlocutory Application
Outcome
Application for security for costs refused
Legal Topics
Security for Costs, Costs Management, Third Party Proceedings
Civil Procedure Commercial Law Security for Costs Costs Management Third Party Proceedings

Case Brief

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Parties

Sarpd Oil International Limited

Claimant

Addax Energy S.A.

Defendant/part 20 Claimant

Glencore Energy UK Limited

Part 20 Defendant

Procedural Posture

Commercial Court Application for Security for Costs / Interlocutory Application

Legal Issues

  1. 1 Whether CPR25.13(2)(c) is satisfied for security for costs against a company claimant
  2. 2 Whether security for costs can cover defendant's costs in pursuing a Part 20 claim against a third party
  3. 3 Whether security can cover defendant's potential liability to pay third party's costs

Ratio Decidendi

The evidence did not establish reason to believe Sarpd would be unable to pay Addax's costs if ordered, so CPR25.13(2)(c) was not satisfied and security for costs was refused.

Court Disposition

Application for security for costs refused