Lobster Group Ltd v Heidelberg Graphic Equipment Ltd & Anor

Lobster Group Ltd v Heidelberg Graphic Equipment Ltd & Anor

Security for costs should not include pre-action mediation costs where parties agreed to bear own costs; security should be limited to costs from commencement of proceedings up to exchange of witness statements; delay and potential prejudice considered but not sufficient to reduce security; quantum assessed at £37,000 for 2nd Defendant and £70,000 for 1st Defendant.

Parties
Claimant: Lobster Group Limited; 1st Defendant: Heidelberg Graphic Equipment Limited; 2nd Defendant: Close Asset Finance Limited
Jurisdiction
England and Wales
Judgment Date
06 March 2008
Procedural Posture
Civil / Interlocutory Application for Security for Costs
Outcome
Application for security for costs granted in part.
Legal Topics
Security for Costs, Pre Action Costs, Mediation Costs, Liquidation, Delay in Application
Civil Procedure Company Law Security for Costs Pre Action Costs Mediation Costs Liquidation Delay in Application

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Parties

Lobster Group Limited

Claimant

Heidelberg Graphic Equipment Limited

1st Defendant

Close Asset Finance Limited

2nd Defendant

Procedural Posture

Civil / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether security for costs should include pre-action costs
  2. 2 Whether security for costs should include costs from commencement of proceedings to application
  3. 3 Appropriate quantum of security

Ratio Decidendi

Security for costs should not include pre-action mediation costs where parties agreed to bear own costs; security should be limited to costs from commencement of proceedings up to exchange of witness statements; delay and potential prejudice considered but not sufficient to reduce security; quantum assessed at £37,000 for 2nd Defendant and £70,000 for 1st Defendant.

Court Disposition

Application for security for costs granted in part.

Orders

  • Claimant to provide security for costs to 2nd Defendant in sum of £37,000 up to exchange of witness statements.
  • Claimant to provide security for costs to 1st Defendant in sum of £70,000 up to exchange of witness statements.