African Mining Services Mali SARL v Societe Des Mines De Komana (SMK) SA & Anor [2023] EWHC 2746 (Comm) (02 November 2023)

African Mining Services Mali SARL v Societe Des Mines De Komana (SMK) SA & Anor [2023] EWHC 2746 (Comm) (02 November 2023)

The court was not presently persuaded that there is reason to believe Hummingbird will be unable to pay a trial costs order in 2025, but found that the current financial data is insufficient for a safe prediction. The just and appropriate course is to adjourn the security for costs application to allow further financial information to become available, rather than dismissing the application or granting security at this stage.

Citation
[2023] EWHC 2746 (Comm)
Parties
Claimant: African Mining Services Mali SARL; First Defendant: Société des Mines de Komana (SMK) SA; Second Defendant: Hummingbird Resources Plc; Third Party: Perenti Global Limited
Jurisdiction
England and Wales
Judgment Date
02 November 2023
Procedural Posture
Commercial Court Litigation / Application for Security for Costs in Respect of Counterclaim at Case Management Conference
Outcome
Application for security for costs adjourned to a further hearing in September or October 2024.
Legal Topics
Security for Costs, Impecuniosity Gateway, Case Management, Mining Services Dispute
Civil Procedure Commercial Law Security for Costs Impecuniosity Gateway Case Management Mining Services Dispute

Case Brief

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Parties

African Mining Services Mali SARL

Claimant

Société des Mines de Komana (SMK) SA

First Defendant

Hummingbird Resources Plc

Second Defendant

Perenti Global Limited

Third Party

Procedural Posture

Commercial Court Litigation / Application for Security for Costs in Respect of Counterclaim at Case Management Conference

Legal Issues

  1. 1 Whether there is reason to believe Hummingbird Resources Plc will be unable to pay an adverse costs order at the conclusion of the first trial in 2025 under CPR 25.13(2)(c)
  2. 2 Whether the court should order security for costs or adjourn the application

Ratio Decidendi

The court was not presently persuaded that there is reason to believe Hummingbird will be unable to pay a trial costs order in 2025, but found that the current financial data is insufficient for a safe prediction. The just and appropriate course is to adjourn the security for costs application to allow further financial information to become available, rather than dismissing the application or granting security at this stage.

Court Disposition

Application for security for costs adjourned to a further hearing in September or October 2024.

Orders

  • Security for costs application stood over to a further hearing in September or October 2024.
  • Costs of the security application, including the June hearing, reserved to any further hearing at which the application is restored.