Chiswick International Holdings Ltd v Oakvest Ltd & Ors [2022] EWHC 799 (Comm) (25 February 2022)

Chiswick International Holdings Ltd v Oakvest Ltd & Ors [2022] EWHC 799 (Comm) (25 February 2022)

The applicant was the successful party in the security for costs application and is entitled to its costs up to 15 February 2022, as the claimant only provided the executed Deed of Indemnity at that point. Costs incurred thereafter are to be costs in the case, given the unusual nature of the security offered and the conduct of both parties.

Citation
[2022] EWHC 799 (Comm)
Parties
Claimant/respondent: Chiswick International Holdings Limited; Defendant/applicant: Oakvest Limited & Ors
Jurisdiction
England and Wales
Judgment Date
25 February 2022
Procedural Posture
Commercial Court Application for Security for Costs / Costs Determination Following Security for Costs Application
Outcome
Application for costs granted in part
Legal Topics
Security for Costs, Costs Orders, After the Event Insurance, Authority to Bind Insurer
Civil Procedure Commercial Law Security for Costs Costs Orders After the Event Insurance Authority to Bind Insurer

Case Brief

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Parties

Chiswick International Holdings Limited

Claimant/respondent

Oakvest Limited & Ors

Defendant/applicant

Procedural Posture

Commercial Court Application for Security for Costs / Costs Determination Following Security for Costs Application

Legal Issues

  1. 1 Who should bear the costs of and occasioned by the security for costs application?
  2. 2 Whether the Deed of Indemnity executed by Global Litigation Limited on behalf of RenaissanceRe Syndicate 1458 constituted adequate security for costs
  3. 3 Whether the conduct of the parties affected the costs order

Ratio Decidendi

The applicant was the successful party in the security for costs application and is entitled to its costs up to 15 February 2022, as the claimant only provided the executed Deed of Indemnity at that point. Costs incurred thereafter are to be costs in the case, given the unusual nature of the security offered and the conduct of both parties.

Court Disposition

Application for costs granted in part

Orders

  • Applicant to recover its costs of the application up to 15 February 2022.
  • Costs incurred after 15 February 2022 to be costs in the case.