Palmali Shipping S.A. v Litasco S.A. [2018] EWHC 2634 (Comm) (05 October 2018)

Palmali Shipping S.A. v Litasco S.A. [2018] EWHC 2634 (Comm) (05 October 2018)

Security for costs is appropriate given the risk of unsatisfied costs orders and insufficient evidence from the claimant regarding funding or stifling; immediate security ordered in tranches, with liberty to apply for further consideration if insurance arrangements are finalised.

Citation
[2018] EWHC 2634 (Comm)
Parties
Claimant: Palmali Shipping S. A.; Defendant: Litasco S. A.
Jurisdiction
England and Wales
Judgment Date
05 October 2018
Procedural Posture
Commercial Court Litigation / Case Management Conference; Security for Costs Application
Outcome
Security for costs ordered; costs orders made; application for further security adjourned.
Legal Topics
Security for Costs, Costs Assessment, Disclosure, Litigation Funding
Civil Procedure Commercial Law Security for Costs Costs Assessment Disclosure Litigation Funding

Case Brief

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Parties

Palmali Shipping S. A.

Claimant

Litasco S. A.

Defendant

Procedural Posture

Commercial Court Litigation / Case Management Conference; Security for Costs Application

Legal Issues

  1. 1 Whether security for costs should be ordered against the claimant
  2. 2 Whether the claim would be stifled by an order for security
  3. 3 Appropriate quantum and form of security

Ratio Decidendi

Security for costs is appropriate given the risk of unsatisfied costs orders and insufficient evidence from the claimant regarding funding or stifling; immediate security ordered in tranches, with liberty to apply for further consideration if insurance arrangements are finalised.

Court Disposition

Security for costs ordered; costs orders made; application for further security adjourned.

Orders

  • Claimant to provide security for costs of £900,000 in three equal tranches by 31 October, 28 November, and 27 December 2018, by payment into court or solicitor's undertaking.
  • Application for further security adjourned for consideration within Michaelmas term.