Probiz Central Ltd v Beech & 3 Ors

Probiz Central Ltd v Beech & 3 Ors

No material change of circumstances was demonstrated to justify revisiting the previous security order for costs up to and including disclosure and inspection. Security for future costs is appropriate, but should be limited to 60% of the defendants' estimated solicitor's costs, excluding VAT, and paid in staged instalments on specified dates. Security for VAT and expert evidence is refused due to insufficient evidence and lack of case management directions for expert evidence.

Parties
Claimant: Probiz Central Ltd; Defendants: Ian Beech & 3 Ors
Jurisdiction
England and Wales
Judgment Date
04 April 2013
Procedural Posture
Civil (security for Costs Application) / Interlocutory Application for Further Security for Costs
Outcome
Application for further security for costs allowed in part
Legal Topics
Security for Costs, Case Management, Costs Estimation, Variation of Security Orders
Civil Procedure Security for Costs Case Management Costs Estimation Variation of Security Orders

Case Brief

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Parties

Probiz Central Ltd

Claimant

Ian Beech & 3 Ors

Defendants

Procedural Posture

Civil (security for Costs Application) / Interlocutory Application for Further Security for Costs

Legal Issues

  1. 1 Whether further security for costs should be ordered beyond the amount previously ordered by Master Marsh
  2. 2 Whether there has been a material change of circumstances justifying variation of the previous security order
  3. 3 Whether VAT should be included in the security for costs

Ratio Decidendi

No material change of circumstances was demonstrated to justify revisiting the previous security order for costs up to and including disclosure and inspection. Security for future costs is appropriate, but should be limited to 60% of the defendants' estimated solicitor's costs, excluding VAT, and paid in staged instalments on specified dates. Security for VAT and expert evidence is refused due to insufficient evidence and lack of case management directions for expert evidence.

Court Disposition

Application for further security for costs allowed in part

Orders

  • Staged security for costs to be paid by the claimant to the defendants in three instalments, calculated at 60% of the defendants' estimated solicitor's costs, excluding VAT, with payment dates as set out in the judgment.
  • No provision for VAT or expert evidence in the security for costs.