Probiz Central Ltd v Beech & 3 Ors [2013] EWHC 4782 (Ch) (04 April 2013)

Probiz Central Ltd v Beech & 3 Ors [2013] EWHC 4782 (Ch) (04 April 2013)

No material change of circumstances was demonstrated to justify revisiting the previous order for security for costs up to and including inspection of documents. The court has discretion to order further security for future costs, but VAT is excluded due to insufficient evidence. Security is to be staged, calculated at 60% of estimated solicitor's costs, with specific payment dates, and subject to further court orders.

Citation
[2013] EWHC 4782 (Ch)
Parties
Claimant: Probiz Central Ltd; Defendant: Ian Beech; Defendants: 3 Ors
Jurisdiction
England and Wales
Judgment Date
04 April 2013
Procedural Posture
Civil (chancery Division) / Application for Security for Costs Following Earlier Refusal of Adjournment
Outcome
Application for further security for costs granted in part
Legal Topics
Security for Costs, Case Management, Disclosure, Costs Estimation, VAT on Costs
Civil Procedure Company Law Security for Costs Case Management Disclosure Costs Estimation VAT on Costs

Case Brief

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Parties

Probiz Central Ltd

Claimant

Ian Beech

Defendant

3 Ors

Defendants

Procedural Posture

Civil (chancery Division) / Application for Security for Costs Following Earlier Refusal of Adjournment

Legal Issues

  1. 1 Whether further security for costs should be ordered beyond the amount previously ordered by Master Marsh
  2. 2 Whether there has been a material change of circumstances justifying variation of the previous security for costs order
  3. 3 Whether VAT should be included in the security for costs

Ratio Decidendi

No material change of circumstances was demonstrated to justify revisiting the previous order for security for costs up to and including inspection of documents. The court has discretion to order further security for future costs, but VAT is excluded due to insufficient evidence. Security is to be staged, calculated at 60% of estimated solicitor's costs, with specific payment dates, and subject to further court orders.

Court Disposition

Application for further security for costs granted in part

Orders

  • No variation to security for costs previously ordered by Master Marsh for costs up to and including inspection of documents
  • No provision for VAT in security for costs