Exporien Mining Private Limited Company v Aggreko International Projects Limited

Exporien Mining Private Limited Company v Aggreko International Projects Limited

The court may exceptionally entertain Exporien's application to vary the form of security for costs due to the procedural history and implicit liberty to apply, but the proposed insurance policy does not yet provide sufficient protection due to unresolved objections. Immediate strike out is inappropriate; peremptory 'unless' orders should be made to allow compliance within a defined period.

Parties
Claimant: Exporien Mining Private Limited Company; Defendant: Aggreko International Projects Limited
Jurisdiction
England and Wales
Judgment Date
13 June 2024
Procedural Posture
Commercial Claim / Interlocutory Applications for Extension/variation of Security for Costs and Strike Out
Outcome
Applications for variation and extension entertained; strike out refused; peremptory 'unless' orders made.
Legal Topics
Security for Costs, Variation of Court Orders, Strike Out Applications, Consultancy Agreements
Civil Procedure Commercial Law Security for Costs Variation of Court Orders Strike Out Applications Consultancy Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Exporien Mining Private Limited Company

Claimant

Aggreko International Projects Limited

Defendant

Procedural Posture

Commercial Claim / Interlocutory Applications for Extension/variation of Security for Costs and Strike Out

Legal Issues

  1. 1 Whether the court can entertain Exporien's application to vary the form of security for costs
  2. 2 Whether the 'after-the-event' insurance policy provides sufficient protection as security for costs
  3. 3 Whether Aggreko's application to strike out the claim for non-compliance should be granted

Ratio Decidendi

The court may exceptionally entertain Exporien's application to vary the form of security for costs due to the procedural history and implicit liberty to apply, but the proposed insurance policy does not yet provide sufficient protection due to unresolved objections. Immediate strike out is inappropriate; peremptory 'unless' orders should be made to allow compliance within a defined period.

Court Disposition

Applications for variation and extension entertained; strike out refused; peremptory 'unless' orders made.

Orders

  • Unless Exporien pays the outstanding costs order (including interest) within 21 days, the claim will be struck out.
  • Unless Exporien either pays security into court or addresses all objections to the insurance policy within 21 days, the claim will be struck out.