African Mining Services Mali SARL v Société des Mines de Komana (SMK) SA & Anor

African Mining Services Mali SARL v Société des Mines de Komana (SMK) SA & Anor

The application for security for costs is adjourned to a hearing in September or October 2024 because the current financial data is insufficient to safely predict Hummingbird's liquidity in 2025. A binary determination now would risk injustice and analytical error; more financial data is needed for a just decision.

Parties
Claimant: African Mining Services Mali SARL; First Defendant: Société des Mines de Komana (SMK) SA; Second Defendant: Hummingbird Resources Plc; Third Party: Perenti Global Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial Court Litigation / Ruling on Application for Security for Costs in Respect of Counterclaim at Case Management Conference
Outcome
Application for security for costs adjourned to a further hearing in September or October 2024; costs reserved.
Legal Topics
Security for Costs, Impecuniosity Gateway, Case Management, Mining Services Contract, Parent Guarantee
Civil Procedure Commercial Law Security for Costs Impecuniosity Gateway Case Management Mining Services Contract Parent Guarantee

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Parties

African Mining Services Mali SARL

Claimant

Société des Mines de Komana (SMK) SA

First Defendant

Hummingbird Resources Plc

Second Defendant

Perenti Global Limited

Third Party

Procedural Posture

Commercial Court Litigation / Ruling on Application for Security for Costs in Respect of Counterclaim at Case Management Conference

Legal Issues

  1. 1 Whether there is reason to believe Hummingbird Resources Plc will be unable to pay an adverse costs order at the conclusion of the first trial in 2025 under CPR 25.13(2)(c)
  2. 2 Whether the application for security for costs should be granted, dismissed, or adjourned

Ratio Decidendi

The application for security for costs is adjourned to a hearing in September or October 2024 because the current financial data is insufficient to safely predict Hummingbird's liquidity in 2025. A binary determination now would risk injustice and analytical error; more financial data is needed for a just decision.

Court Disposition

Application for security for costs adjourned to a further hearing in September or October 2024; costs reserved.

Orders

  • Security for costs application stood over to a further hearing in September or October 2024.
  • Costs of the application, including the June hearing, reserved to the further hearing.