Parsdome Holdings Ltd v Plastic Energy Global SL [2024] EWCA Civ 1293 (29 October 2024)

Parsdome Holdings Ltd v Plastic Energy Global SL [2024] EWCA Civ 1293 (29 October 2024)

The court held that while the Calver J Order did not require cleared funds by the deadline, the judge was entitled to impose such a requirement in the circumstances, and the order to strike out unless cleared funds were provided was proportionate given repeated breaches and imminent trial.

Citation
[2024] EWCA Civ 1293
Parties
Claimant/appellant: Parsdome Holdings Limited; Defendant/respondent: Plastic Energy Global S. L.
Jurisdiction
England and Wales
Judgment Date
29 October 2024
Procedural Posture
Appeal From High Court (commercial Court) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Security for Costs, Strike Out, Payment Into Court, Case Management
Civil Procedure Commercial Law Security for Costs Strike Out Payment Into Court Case Management

Case Brief

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Parties

Parsdome Holdings Limited

Claimant/appellant

Plastic Energy Global S. L.

Defendant/respondent

Procedural Posture

Appeal From High Court (commercial Court) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether an order for security for costs requires cleared funds by the deadline or mere receipt of cheque
  2. 2 Whether the judge was entitled to impose a requirement for cleared funds
  3. 3 Whether striking out the claim was proportionate

Ratio Decidendi

The court held that while the Calver J Order did not require cleared funds by the deadline, the judge was entitled to impose such a requirement in the circumstances, and the order to strike out unless cleared funds were provided was proportionate given repeated breaches and imminent trial.

Court Disposition

Appeal dismissed

Orders

  • Claim struck out unless cleared funds paid to Court Funds Office by 4pm on 20 February 2024
  • Permission to appeal granted to resolve issue of general importance