Lederer & Ors v The Persons Listed At Schedule 1 & Ors

Lederer & Ors v The Persons Listed At Schedule 1 & Ors

The court ordered security for costs against the corporate claimants because they are single purpose vehicles with no assets, and the claimants failed to discharge the burden of proving that such an order would stifle their claims. The court declined to order security against the individual claimant, Ms Lederer, due to her impecuniosity and the parasitic nature of her claim. The court granted a stay of proceedings until 22 March 2019 due to ongoing police investigations into threats against the claimants, but allowed the defendants' applications for security for costs and enforcement of costs orders to proceed, with payment deferred until after the stay period.

Parties
Claimant: Nicole Charlotte Lederer; Claimant: Purrinos Investment Limited; Claimant: Hannamay Investments Limited; Claimant: Hillam Property Holdings Limited; Claimant: Towton Limited; Defendant: Lendy Limited; Defendant: Saving Stream Security Holdings Limited; Defendant: Annika Kisby; Defendant: Victoria Liddell; Defendant: Tammy Wilkins
Jurisdiction
England and Wales
Judgment Date
22 January 2019
Procedural Posture
Civil / Interlocutory Application (security for Costs, Stay, Enforcement of Costs Order)
Outcome
Security for costs ordered against corporate claimants; stay of proceedings granted until 22 March 2019; enforcement of previous costs order not stayed but no unless order made; claims to be struck out if security not paid by deadline.
Legal Topics
Security for Costs, Stay of Proceedings, Enforcement of Costs Orders, Misrepresentation, Jurisdiction Over Foreign Defendants
Civil Procedure Contract Law Security for Costs Stay of Proceedings Enforcement of Costs Orders Misrepresentation Jurisdiction Over Foreign Defendants

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Parties

Nicole Charlotte Lederer

Claimant

Purrinos Investment Limited

Claimant

Hannamay Investments Limited

Claimant

Hillam Property Holdings Limited

Claimant

Towton Limited

Claimant

Lendy Limited

Defendant

Saving Stream Security Holdings Limited

Defendant

Annika Kisby

Defendant

Victoria Liddell

Defendant

Tammy Wilkins

Defendant

Procedural Posture

Civil / Interlocutory Application (security for Costs, Stay, Enforcement of Costs Order)

Legal Issues

  1. 1 Whether to grant a stay of proceedings due to threats against claimants
  2. 2 Whether to order security for costs against claimants (corporate and individual)
  3. 3 Whether enforcement of previous costs order should be stayed or enforced

Ratio Decidendi

The court ordered security for costs against the corporate claimants because they are single purpose vehicles with no assets, and the claimants failed to discharge the burden of proving that such an order would stifle their claims. The court declined to order security against the individual claimant, Ms Lederer, due to her impecuniosity and the parasitic nature of her claim. The court granted a stay of proceedings until 22 March 2019 due to ongoing police investigations into threats against the claimants, but allowed the defendants' applications for security for costs and enforcement of costs orders to proceed, with payment deferred until after the stay period.

Court Disposition

Security for costs ordered against corporate claimants; stay of proceedings granted until 22 March 2019; enforcement of previous costs order not stayed but no unless order made; claims to be struck out if security not paid by deadline.

Orders

  • Stay of proceedings until 22 March 2019.
  • Claimants to serve claim form on investors by 4 p.m. on 1 April 2019 if they wish to proceed.