RBIL v Ryhurst & Ors

RBIL v Ryhurst & Ors

Security for costs was ordered as the threshold was met, the counterclaim was contingent on the claim, and the quantum was reduced to reflect the lateness of the application and likely taxation.

Parties
Claimant: RBIL; Defendants: Ryhurst & Ors.
Jurisdiction
England and Wales
Judgment Date
08 August 2011
Procedural Posture
Civil / Application for Security for Costs
Outcome
Application for security for costs granted.
Legal Topics
Security for Costs, Management Services Agreement, Counterclaim, Private Finance Initiative
Civil Procedure Security for Costs Management Services Agreement Counterclaim Private Finance Initiative

Case Brief

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Parties

RBIL

Claimant

Ryhurst & Ors.

Defendants

Procedural Posture

Civil / Application for Security for Costs

Legal Issues

  1. 1 Whether security for costs should be ordered against the Claimant
  2. 2 Whether the costs relate to both claim and counterclaim
  3. 3 Appropriate quantum of security for costs

Ratio Decidendi

Security for costs was ordered as the threshold was met, the counterclaim was contingent on the claim, and the quantum was reduced to reflect the lateness of the application and likely taxation.

Court Disposition

Application for security for costs granted.

Orders

  • Claimant to provide security for costs in the sum of £1 million.