Explosive Learning Solutions Limited v Landmarc Support Services Limited

Explosive Learning Solutions Limited v Landmarc Support Services Limited

There is reason to believe the Claimant will be unable to pay the Defendant’s costs if ordered to do so, and it is just to make an order for security for costs, especially given the Defendant’s undertaking to stay or dismiss the counterclaim if the Claimant’s claim is dismissed for failure to provide security.

Parties
Claimant: Explosive Learning Solutions Limited; Defendant: Landmarc Support Services Limited
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Commercial Claim and Counterclaim / Ruling on Application for Security for Costs
Outcome
Application for security for costs granted
Legal Topics
Security for Costs, Counterclaims, Contractual Disputes
Civil Procedure Contract Law Security for Costs Counterclaims Contractual Disputes

Case Brief

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Parties

Explosive Learning Solutions Limited

Claimant

Landmarc Support Services Limited

Defendant

Procedural Posture

Commercial Claim and Counterclaim / Ruling on Application for Security for Costs

Legal Issues

  1. 1 Whether the Claimant will be unable to pay the Defendant’s costs if ordered to do so
  2. 2 Whether it is just to make an order for security for costs given the overlap between claim and counterclaim

Ratio Decidendi

There is reason to believe the Claimant will be unable to pay the Defendant’s costs if ordered to do so, and it is just to make an order for security for costs, especially given the Defendant’s undertaking to stay or dismiss the counterclaim if the Claimant’s claim is dismissed for failure to provide security.

Court Disposition

Application for security for costs granted

Orders

  • Defendant is entitled to an order for security for costs; form and amount to be determined after further submissions