Pipia v BGEO Group Ltd

Pipia v BGEO Group Ltd

There is a real risk that an English costs order would not be enforced in Georgia due to the absence of a bilateral or multilateral treaty and inconsistent Georgian case law; the Association Agreement does not alter this risk; and the evidence adduced is sufficient and admissible for this interlocutory application. It is just to order security for costs in the circumstances.

Parties
Claimant: Roman Pipia; Defendant: BGEO Group Limited (formerly known as BGEO Group PLC)
Jurisdiction
England and Wales
Judgment Date
22 February 2019
Procedural Posture
Commercial / Interlocutory Application for Security for Costs
Outcome
Application for security for costs granted
Legal Topics
Security for Costs, Enforcement of Foreign Judgments, Non Discrimination, Expert Evidence, Association Agreement Between EU and Georgia
Civil Procedure International Law Security for Costs Enforcement of Foreign Judgments Non Discrimination Expert Evidence Association Agreement Between EU and Georgia

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Parties

Roman Pipia

Claimant

BGEO Group Limited (formerly known as BGEO Group PLC)

Defendant

Procedural Posture

Commercial / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether the Association Agreement between the EU and Georgia precludes an order for security for costs against a Georgian resident
  2. 2 Whether there is a real risk that a costs order would not be enforced in Georgia
  3. 3 Whether the evidence adduced is admissible and sufficient to justify an order for security for costs

Ratio Decidendi

There is a real risk that an English costs order would not be enforced in Georgia due to the absence of a bilateral or multilateral treaty and inconsistent Georgian case law; the Association Agreement does not alter this risk; and the evidence adduced is sufficient and admissible for this interlocutory application. It is just to order security for costs in the circumstances.

Court Disposition

Application for security for costs granted

Orders

  • Claimant to provide security for the full amount of the defendant's costs until the close of pleadings; precise amount to be determined at a consequential hearing.