Tugushev v Orlov & Ors [2018] EWHC 3471 (Comm) (14 December 2018)

Tugushev v Orlov & Ors [2018] EWHC 3471 (Comm) (14 December 2018)

Security for costs is ordered in the sum of £1,500,000, reflecting a conservative assessment of recoverable costs, a 30% discount for lack of detailed breakdown and disproportionate estimate, and a further 25% discount for the possibility of indemnity costs, with only £50,000 allowed for Russian lawyer fees and full allowance for expert and disbursement costs.

Citation
[2018] EWHC 3471 (Comm)
Parties
Claimant: Alexander Tugushev; First Defendant: Vitaly Orlov; Second Defendant: Magnus Roth; Third Defendant: Andrey Petrik
Jurisdiction
England and Wales
Judgment Date
14 December 2018
Procedural Posture
Commercial Court Security for Costs Application / Interlocutory Application for Security for Costs
Outcome
Security for costs ordered
Legal Topics
Security for Costs, Worldwide Freezing Order, Jurisdiction Challenge, Costs Assessment
Civil Procedure Commercial Law Security for Costs Worldwide Freezing Order Jurisdiction Challenge Costs Assessment

Case Brief

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Parties

Alexander Tugushev

Claimant

Vitaly Orlov

First Defendant

Magnus Roth

Second Defendant

Andrey Petrik

Third Defendant

Procedural Posture

Commercial Court Security for Costs Application / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 What is the appropriate quantum of security for costs to be ordered?
  2. 2 Should the security for costs reflect the possibility of indemnity costs?
  3. 3 Is the breakdown of costs provided by the applicant adequate for assessment?

Ratio Decidendi

Security for costs is ordered in the sum of £1,500,000, reflecting a conservative assessment of recoverable costs, a 30% discount for lack of detailed breakdown and disproportionate estimate, and a further 25% discount for the possibility of indemnity costs, with only £50,000 allowed for Russian lawyer fees and full allowance for expert and disbursement costs.

Court Disposition

Security for costs ordered

Orders

  • Claimant to provide security for costs in the sum of £1,500,000 by payment into Court.
  • £1,000,000 to be provided by 21 December 2018.