Sykes v Sumiki Ltd [2025] EWHC 2157 (KB) (08 July 2025)

Sykes v Sumiki Ltd [2025] EWHC 2157 (KB) (08 July 2025)

Given the appellant's residence in Kenya and the evidence of additional cost and delay in enforcing an English judgment there, it is just to order security for costs for the appeal, but only in an amount reflecting the likely additional enforcement burden, not the full projected costs of the appeal or costs at first instance.

Citation
[2025] EWHC 2157 (KB)
Parties
Appellant/respondent: William Sykes; Respondent/applicant: Sumiki Limited
Jurisdiction
England and Wales
Judgment Date
08 July 2025
Procedural Posture
Appeal / Application for Security for Costs Pending Appeal
Outcome
Application for security for costs granted in part
Legal Topics
Security for Costs, Enforcement of Foreign Judgments, Appeal Procedure
Civil Procedure Security for Costs Enforcement of Foreign Judgments Appeal Procedure

Case Brief

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Parties

William Sykes

Appellant/respondent

Sumiki Limited

Respondent/applicant

Procedural Posture

Appeal / Application for Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether security for costs should be ordered against an appellant resident outside the jurisdiction under CPR 25.29 and 25.27
  2. 2 Whether the risk of additional cost or delay in enforcing a judgment in Kenya justifies security for costs
  3. 3 Whether security should cover costs incurred at first instance

Ratio Decidendi

Given the appellant's residence in Kenya and the evidence of additional cost and delay in enforcing an English judgment there, it is just to order security for costs for the appeal, but only in an amount reflecting the likely additional enforcement burden, not the full projected costs of the appeal or costs at first instance.

Court Disposition

Application for security for costs granted in part

Orders

  • Appellant to provide security for costs of the appeal in the sum of £15,000 within 14 days
  • Liberty to the respondent to apply to strike out the appeal if payment is not made within the timescale