Shared Network Services Ltd v Nextiraone UK Ltd [2012] EWCA Civ 1171 (13 July 2012)

Shared Network Services Ltd v Nextiraone UK Ltd [2012] EWCA Civ 1171 (13 July 2012)

Given the claimant's lack of resources, the absence of evidence that interested parties cannot contribute to security, and the lack of real prospect of success in the appeal, it is just to order security for costs in the sum of £12,500 for future costs only.

Citation
[2012] EWCA Civ 1171
Parties
Appellant/claimant: Shared Network Services Limited; Respondent/1st Defendant: Nextiraone UK Limited
Jurisdiction
England and Wales
Judgment Date
13 July 2012
Procedural Posture
Civil Appeal / Application for Security for Costs Pending Appeal
Outcome
Security for costs ordered
Legal Topics
Security for Costs, Exclusion Clauses, Summary Judgment, Appeal Procedure
Civil Procedure Contract Law Security for Costs Exclusion Clauses Summary Judgment Appeal Procedure

Case Brief

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Parties

Shared Network Services Limited

Appellant/claimant

Nextiraone UK Limited

Respondent/1st Defendant

Procedural Posture

Civil Appeal / Application for Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether security for costs should be ordered against an impecunious claimant company in an appeal with no real prospect of success
  2. 2 Whether the exclusion clause in the contract bars the claim

Ratio Decidendi

Given the claimant's lack of resources, the absence of evidence that interested parties cannot contribute to security, and the lack of real prospect of success in the appeal, it is just to order security for costs in the sum of £12,500 for future costs only.

Court Disposition

Security for costs ordered

Orders

  • Appellant to provide security for costs in the sum of £12,500
  • Extension of time for service of Respondent's Notice until 14 days after provision of security