Russian Operator Policy Claims, Re

Russian Operator Policy Claims, Re

The Deep Sky Claimants failed to provide sufficient evidence that security for costs would stifle their claims, particularly given evidence that parent and group companies have funded litigation costs to date. The court is entitled to expect claimants to seek funding from within their corporate structure. The...

Source-derived case information.

Parties
Claimant: Deep Sky Holdings Limited and others; Defendant: HFW WR Defendants; Defendant: CMS War Risk Defendants; Defendant: Shoosmiths Defendants; Defendant: Kennedys Defendants
Jurisdiction
England and Wales
Judgment Date
03 October 2026
Procedural Posture
Commercial Litigation / Interlocutory Application for Security for Costs
Outcome
Applications for security for costs granted against the Deep Sky Claimants.
Legal Topics
Security for Costs, Corporate Structure and Funding, Stifling of Claims, Costs Management
Civil Procedure Commercial Law Insurance Law Security for Costs Corporate Structure and Funding Stifling of Claims Costs Management

Source-derived case record

Summary, issues, holding and outcome

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Parties

Deep Sky Holdings Limited and others

Claimant

HFW WR Defendants

Defendant

CMS War Risk Defendants

Defendant

Shoosmiths Defendants

Defendant

Kennedys Defendants

Defendant

Procedural Posture

Commercial Litigation / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether security for costs should be ordered against the Deep Sky Claimants
  2. 2 Whether ordering security would stifle the Deep Sky Claimants' claims
  3. 3 Appropriate quantum and methodology for security for costs

Ratio Decidendi

The Deep Sky Claimants failed to provide sufficient evidence that security for costs would stifle their claims, particularly given evidence that parent and group companies have funded litigation costs to date. The court is entitled to expect claimants to seek funding from within their corporate structure. The amounts sought for security are proportionate and justified. Security for costs is therefore ordered in the amounts sought by the War Risk Defendants.

Court Disposition

Applications for security for costs granted against the Deep Sky Claimants.

Orders

  • Deep Sky Claimants to provide security for costs to the Shoosmiths Defendants in the amount of £1,619,000.
  • Deep Sky Claimants to provide security for costs to the HFW WR Defendants in the amount of £1,339,000.