Topworkmen.Com Ltd. v Billscutter Ltd. [2011] EWHC B20 (QB) (12 July 2011)

Topworkmen.Com Ltd. v Billscutter Ltd. [2011] EWHC B20 (QB) (12 July 2011)

The court found that ordering security for costs in excess of £1,000 would stifle the Claimant's claim, that the Claimant's impecuniosity was caused by the Defendant's breach, that the claim had good prospects of success, and that ATE insurance provided adequate protection for the Defendant. The balance of prejudice and the overriding objective favoured refusing the Defendant's application for security for costs.

Citation
[2011] EWHC B20 (QB)
Parties
Claimant: [Claimant company name not specified]; Defendant: Billscutter Ltd
Jurisdiction
England and Wales
Judgment Date
12 July 2011
Procedural Posture
Application for Security for Costs / Interlocutory Application Before Pre Trial Review
Outcome
Application dismissed
Legal Topics
Security for Costs, Impecuniosity, After the Event (ate) Insurance, Breach of Contract, Overriding Objective, Access to Justice
Civil Procedure Contract Law Security for Costs Impecuniosity After the Event (ate) Insurance Breach of Contract Overriding Objective Access to Justice

Case Brief

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Parties

[Claimant company name not specified]

Claimant

Billscutter Ltd

Defendant

Procedural Posture

Application for Security for Costs / Interlocutory Application Before Pre Trial Review

Legal Issues

  1. 1 Whether security for costs should be ordered against the Claimant under CPR 25.13
  2. 2 Whether ordering security would stifle the Claimant's claim
  3. 3 Whether the Claimant's impecuniosity was caused by the Defendant's breach

Ratio Decidendi

The court found that ordering security for costs in excess of £1,000 would stifle the Claimant's claim, that the Claimant's impecuniosity was caused by the Defendant's breach, that the claim had good prospects of success, and that ATE insurance provided adequate protection for the Defendant. The balance of prejudice and the overriding objective favoured refusing the Defendant's application for security for costs.

Court Disposition

Application dismissed

Orders

  • Defendant's application for security for costs is dismissed.