Craft Development SCI v Actis LLP & Ors [2025] EWHC 2744 (KB) ( 27 October 2025)

Craft Development SCI v Actis LLP & Ors [2025] EWHC 2744 (KB) ( 27 October 2025)

There was a material change of circumstances only to the extent that expert evidence on Cameroonian law was no longer required, justifying a reduction in the security for costs by £74,000. However, the Claimant failed to show a high probability of success or misstatement justifying revocation of the security order. The costs order should not be varied as no material change occurred, and detailed assessment should await trial conclusion. The Claimant's continuing breach of the security order justified an unless order: unless £226,000 is paid within six weeks, the claim will be struck out.

Citation
[2025] EWHC 2744 (KB)
Parties
Claimant: Craft Development SCI (suing by its provisional administrator Mr Ngoua Elembe Hiob); Defendant: Actis LLP; Defendant: Actis Africa Real Estate Fund 3 aka Actis Africa Real Estate 3 LP; Defendant: Actis Africa Real Estate 3A LP aka Actis Africa Real Estate Fund 3; Defendant: Actis Africa Real Estate 3 Co-Investment Scheme LP aka Actis Africa Real Estate Fund 3; Defendant: Actis Africa Real Estate 3C LP aka Actis Africa Real Estate Fund 3; Defendant: Actis GP LLP
Jurisdiction
England and Wales
Procedural Posture
High Court Civil Claim (king's Bench Division) / Interlocutory Applications Regarding Security for Costs and Case Management Orders
Outcome
Applications to revoke or vary the security for costs and costs orders largely refused; security for costs reduced by £74,000; unless order granted.
Legal Topics
Security for Costs, Case Management, Variation/revocation of Orders, Costs Assessment, Breach of Contract, Fraud, Unlawful Means Conspiracy
Civil Procedure Commercial Law Security for Costs Case Management Variation/revocation of Orders Costs Assessment Breach of Contract Fraud +1 more

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Parties

Craft Development SCI (suing by its provisional administrator Mr Ngoua Elembe Hiob)

Claimant

Actis LLP

Defendant

Actis Africa Real Estate Fund 3 aka Actis Africa Real Estate 3 LP

Defendant

Actis Africa Real Estate 3A LP aka Actis Africa Real Estate Fund 3

Defendant

Actis Africa Real Estate 3 Co-Investment Scheme LP aka Actis Africa Real Estate Fund 3

Defendant

Actis Africa Real Estate 3C LP aka Actis Africa Real Estate Fund 3

Defendant

Actis GP LLP

Defendant

Procedural Posture

High Court Civil Claim (king's Bench Division) / Interlocutory Applications Regarding Security for Costs and Case Management Orders

Legal Issues

  1. 1 Whether the security for costs order should be revoked or varied under CPR 3.1(7)
  2. 2 Whether the costs order should be varied under CPR 3.1(7)
  3. 3 Whether an unless order should be made requiring payment of outstanding security for costs

Ratio Decidendi

There was a material change of circumstances only to the extent that expert evidence on Cameroonian law was no longer required, justifying a reduction in the security for costs by £74,000. However, the Claimant failed to show a high probability of success or misstatement justifying revocation of the security order. The costs order should not be varied as no material change occurred, and detailed assessment should await trial conclusion. The Claimant's continuing breach of the security order justified an unless order: unless £226,000 is paid within six weeks, the claim will be struck out.

Court Disposition

Applications to revoke or vary the security for costs and costs orders largely refused; security for costs reduced by £74,000; unless order granted.

Orders

  • Security for costs reduced from £300,000 to £226,000.
  • Unless the Claimant pays £226,000 within six weeks, the claim will be struck out.