International Pipeline Products Ltd v IK UK Ltd & Ors

International Pipeline Products Ltd v IK UK Ltd & Ors

The Defendants failed to establish reason to believe that the Claimant would be unable to pay any costs order in October/November 2021. The Claimant had sufficient assets, ongoing business, and credible undertakings from substantial third parties. The risk of economic downturn or enforcement difficulties was speculative and unsupported by evidence. It was not just to order security for costs in all the circumstances.

Parties
Claimant: International Pipeline Products Limited; Defendant: IK UK Limited; Defendant: Mr Ian Short; Defendant: Mr Raymond Schofield; Defendant: R Neville Teasdale; Defendant: Mr Peter Mahoney; Defendant: Mr Robin Arnold; Defendant: Mr Paul Robinson; Defendant: Mr Lee Galloway; Defendant: Mr Christian Bull Eriksson; Defendant: Mr Geir Molberg; Defendant: IK Norway AS; Defendant: IK Group AS
Jurisdiction
England and Wales
Judgment Date
24 June 2020
Procedural Posture
Civil (intellectual Property, Commercial) / Interlocutory Application for Security for Costs
Outcome
Application for security for costs dismissed
Legal Topics
Security for Costs, Breach of Contract, Conspiracy to Injure, Breach of Confidence, Patent Infringement, Copyright Infringement, Unregistered Design Rights
Civil Procedure Intellectual Property Commercial Law Security for Costs Breach of Contract Conspiracy to Injure Breach of Confidence Patent Infringement +2 more

Case Brief

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Parties

International Pipeline Products Limited

Claimant

IK UK Limited

Defendant

Mr Ian Short

Defendant

Mr Raymond Schofield

Defendant

R Neville Teasdale

Defendant

Mr Peter Mahoney

Defendant

Mr Robin Arnold

Defendant

Mr Paul Robinson

Defendant

Mr Lee Galloway

Defendant

Mr Christian Bull Eriksson

Defendant

Mr Geir Molberg

Defendant

IK Norway AS

Defendant

IK Group AS

Defendant

Procedural Posture

Civil (intellectual Property, Commercial) / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether the Defendants are entitled to security for costs under CPR 25.13
  2. 2 Whether there is reason to believe the Claimant will be unable to pay the Defendants’ costs if ordered to do so
  3. 3 Whether it is just in all the circumstances to order security for costs

Ratio Decidendi

The Defendants failed to establish reason to believe that the Claimant would be unable to pay any costs order in October/November 2021. The Claimant had sufficient assets, ongoing business, and credible undertakings from substantial third parties. The risk of economic downturn or enforcement difficulties was speculative and unsupported by evidence. It was not just to order security for costs in all the circumstances.

Court Disposition

Application for security for costs dismissed

Orders

  • Defendants’ application for security for costs is dismissed