TBD (Owen Holland) Ltd v Simons & Ors

TBD (Owen Holland) Ltd v Simons & Ors

There are no special or unusual circumstances in this case to justify requiring the defendants to provide an undertaking in damages as a condition for an order for security for costs. The usual costs implications of providing security do not warrant such an order.

Parties
Claimant: TBD (Owen Holland) Limited; Defendants: Andrew Simons & Others
Jurisdiction
England and Wales
Judgment Date
25 February 2020
Procedural Posture
Civil (chancery) / Interlocutory Application for Security for Costs
Outcome
Application for an undertaking in damages refused
Legal Topics
Security for Costs, Undertaking in Damages, Interlocutory Applications
Civil Procedure Security for Costs Undertaking in Damages Interlocutory Applications

Case Brief

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Parties

TBD (Owen Holland) Limited

Claimant

Andrew Simons & Others

Defendants

Procedural Posture

Civil (chancery) / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether a defendant should be required to provide an undertaking in damages as a condition for an order for security for costs

Ratio Decidendi

There are no special or unusual circumstances in this case to justify requiring the defendants to provide an undertaking in damages as a condition for an order for security for costs. The usual costs implications of providing security do not warrant such an order.

Court Disposition

Application for an undertaking in damages refused

Orders

  • No order for security for costs contingent upon an undertaking in damages by the defendants