Pisante & Ors v Logothetis & Ors

Pisante & Ors v Logothetis & Ors

Defendants are entitled to 95% of their costs of the application for security for costs, and a cross-undertaking in damages in the Commercial Court Guide form is required as a condition for the security order due to the potential for additional costs and the individual status of Mr Pisante.

Parties
Claimant: Victor Pisante; Claimant: Swindon Holdings & Finance Limited; Claimant: BCA Shipping Investment Corporation; Claimant: Castor Navigation Limited; Defendant: George Logothetis; Defendant: Lomar Corporation Limited; Defendant: Lomar Shipmanagement Limited; Defendant: Libra Holdings Limited
Jurisdiction
England and Wales
Judgment Date
10 December 2020
Procedural Posture
Commercial / Post Security for Costs Application
Outcome
Defendants awarded 95% of their costs of the application; cross-undertaking in damages required as condition for security for costs order.
Legal Topics
Security for Costs, Costs Orders, Undertakings in Damages
Civil Procedure Security for Costs Costs Orders Undertakings in Damages

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Parties

Victor Pisante

Claimant

Swindon Holdings & Finance Limited

Claimant

BCA Shipping Investment Corporation

Claimant

Castor Navigation Limited

Claimant

George Logothetis

Defendant

Lomar Corporation Limited

Defendant

Lomar Shipmanagement Limited

Defendant

Libra Holdings Limited

Defendant

Procedural Posture

Commercial / Post Security for Costs Application

Legal Issues

  1. 1 Entitlement to costs following security for costs application
  2. 2 Requirement for cross-undertaking in damages as condition for security for costs

Ratio Decidendi

Defendants are entitled to 95% of their costs of the application for security for costs, and a cross-undertaking in damages in the Commercial Court Guide form is required as a condition for the security order due to the potential for additional costs and the individual status of Mr Pisante.

Court Disposition

Defendants awarded 95% of their costs of the application; cross-undertaking in damages required as condition for security for costs order.

Orders

  • Defendants to recover 95% of their costs of the security for costs application.
  • Defendants must provide a cross-undertaking in damages in the Commercial Court Guide form as a condition for the security for costs order.