Geophysical Service Centre Co v Dowell Schlumberger (ME) Inc

Geophysical Service Centre Co v Dowell Schlumberger (ME) Inc

There is no evidence to support a submission that there is reason to believe the claimant will be unable to pay an adverse order for the defendant’s costs; the ATE policy provides sufficient security and any risk of avoidance or cancellation is merely theoretical.

Parties
Claimant: Geophysical Service Centre Co; Defendant: Dowell Schlumberger (ME) Inc
Jurisdiction
England and Wales
Judgment Date
18 January 2013
Procedural Posture
Application / Ruling on Security for Costs
Outcome
application for security for costs dismissed
Legal Topics
Security for Costs, ATE Insurance, Contractual Obligations, Litigation Funding

Case Brief

Summary, issues, holding and outcome

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Parties

Geophysical Service Centre Co

Claimant

Dowell Schlumberger (ME) Inc

Defendant

Procedural Posture

Application / Ruling on Security for Costs

  1. 1 Whether the claimant's ATE insurance policy provides sufficient security for costs to defeat the defendant's application for security for costs
  2. 2 Whether there is reason to believe the claimant will be unable to pay the defendant's costs if ordered to do so

Ratio Decidendi

There is no evidence to support a submission that there is reason to believe the claimant will be unable to pay an adverse order for the defendant’s costs; the ATE policy provides sufficient security and any risk of avoidance or cancellation is merely theoretical.

Court Disposition

application for security for costs dismissed