Tugushev v Orlov & Ors

Tugushev v Orlov & Ors

Given the lack of a sufficiently detailed breakdown and the unreasonably high estimate by Mr Orlov, the court applied a 30% discount to the adjusted costs figure (excluding most Russian lawyers' fees), and a further 25% discount to reflect the possibility of indemnity costs, resulting in an order for security for costs in the sum of £1,500,000, to be provided in two tranches by the dates proposed by Mr Tugushev.

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 Application / Application for Security for Costs Prior to Hearing on Worldwide Freezing Order and Jurisdiction Challenge
Outcome
Application for security for costs granted in part.
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

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Parties

Alexander Tugushev

Claimant

Vitaly Orlov

First Defendant

Magnus Roth

Second Defendant

Andrey Petrik

Third Defendant

Procedural Posture

Commercial Court Application / Application for Security for Costs Prior to Hearing on Worldwide Freezing Order and Jurisdiction Challenge

Legal Issues

  1. 1 What is the appropriate amount of security for costs to be ordered in relation to applications concerning a worldwide freezing order and jurisdiction challenge?
  2. 2 By what date should such security be provided?

Ratio Decidendi

Given the lack of a sufficiently detailed breakdown and the unreasonably high estimate by Mr Orlov, the court applied a 30% discount to the adjusted costs figure (excluding most Russian lawyers' fees), and a further 25% discount to reflect the possibility of indemnity costs, resulting in an order for security for costs in the sum of £1,500,000, to be provided in two tranches by the dates proposed by Mr Tugushev.

Court Disposition

Application for security for costs granted in part.

Orders

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