Tonstate Group Ltd & Ors v Wojakovski & Ors

Tonstate Group Ltd & Ors v Wojakovski & Ors

The application to join the account proceedings with the shares claim trial is dismissed due to lateness, risk of disruption, and insufficient disclosure. Security for costs is appropriate in principle for the additional claims, but the amount must be substantially less than 15% of overall trial costs and is to be agreed by the parties.

Parties
Claimant: Tonstate Group Limited & Others; Defendant: Edward Wojakovski & Others
Jurisdiction
England and Wales
Judgment Date
04 May 2020
Procedural Posture
Civil / Interlocutory Application Ruling
Outcome
Application to join proceedings dismissed; security for costs granted in principle, amount to be agreed.
Legal Topics
Case Management, Security for Costs, Disclosure, Shareholder Disputes
Civil Procedure Company Law Case Management Security for Costs Disclosure Shareholder Disputes

Case Brief

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Parties

Tonstate Group Limited & Others

Claimant

Edward Wojakovski & Others

Defendant

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the account proceedings should be joined with the pending trial in the shares claim
  2. 2 Whether security for costs should be ordered in respect of additional claims brought by Mr Wojakovski

Ratio Decidendi

The application to join the account proceedings with the shares claim trial is dismissed due to lateness, risk of disruption, and insufficient disclosure. Security for costs is appropriate in principle for the additional claims, but the amount must be substantially less than 15% of overall trial costs and is to be agreed by the parties.

Court Disposition

Application to join proceedings dismissed; security for costs granted in principle, amount to be agreed.

Orders

  • Account proceedings not joined to shares claim trial; to proceed separately.
  • Security for costs to be ordered for additional claims, amount to be determined by parties.