GREENOV8 GLOBAL PLATFORMS LIMITED v JONATHAN GREEN

GREENOV8 GLOBAL PLATFORMS LIMITED v JONATHAN GREEN

Security for costs was ordered because the claimant is a foreign company, is impecunious, and failed to provide sufficient evidence that an order for security would stifle its claim. The court found that neither the merits nor the alleged stifling justified refusing security, and the procedural gateways under CPR 25.13(2) were satisfied.

Parties
Claimant: Greenov8 Global Platforms Limited; Defendant: Jonathan Green
Jurisdiction
England and Wales
Judgment Date
09 June 2022
Procedural Posture
Civil (commercial/fraud) / Interlocutory Application for Security for Costs
Outcome
Application for security for costs granted
Legal Topics
Security for Costs, Fraudulent Misrepresentation, Jurisdiction, Impecunious Claimant, Stifling of Claims
Civil Procedure Commercial Law Security for Costs Fraudulent Misrepresentation Jurisdiction Impecunious Claimant Stifling of Claims

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Parties

Greenov8 Global Platforms Limited

Claimant

Jonathan Green

Defendant

Procedural Posture

Civil (commercial/fraud) / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether security for costs should be ordered against an impecunious foreign claimant
  2. 2 Whether ordering security would stifle the claim
  3. 3 Whether the claimant's impecuniosity was caused by the defendant's alleged actions

Ratio Decidendi

Security for costs was ordered because the claimant is a foreign company, is impecunious, and failed to provide sufficient evidence that an order for security would stifle its claim. The court found that neither the merits nor the alleged stifling justified refusing security, and the procedural gateways under CPR 25.13(2) were satisfied.

Court Disposition

Application for security for costs granted

Orders

  • Claimant to provide security for the defendant’s costs; quantum and timing to be determined after further submissions