Tyndaris v MMWWVWM Ltd [2020] EWHC 778 (Comm) (22 April 2020)

Tyndaris v MMWWVWM Ltd [2020] EWHC 778 (Comm) (22 April 2020)

The claimant failed to provide convincing evidence that it could not pay the outstanding security for costs or access resources to do so. There was no material change of circumstances justifying variation of the original order. The sanction of strike out in default of compliance with the unless order was not disproportionate in the circumstances.

Citation
[2020] EWHC 778 (Comm)
Parties
Claimant: Tyndaris, Sam; Defendant: MMWWVWM Ltd.
Jurisdiction
England and Wales
Judgment Date
22 April 2020
Procedural Posture
Commercial Court Claim / Interlocutory Applications Before Trial
Outcome
Application for Unless Order granted; Variation Application refused.
Legal Topics
Security for Costs, Variation of Court Orders, Strike Out Applications, Proportionality of Sanctions
Civil Procedure Commercial Law Security for Costs Variation of Court Orders Strike Out Applications Proportionality of Sanctions

Case Brief

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Parties

Tyndaris, Sam

Claimant

MMWWVWM Ltd.

Defendant

Procedural Posture

Commercial Court Claim / Interlocutory Applications Before Trial

Legal Issues

  1. 1 Whether the claimant's failure to pay the final instalment of security for costs justifies a strike out unless order
  2. 2 Whether there has been a material change in circumstances justifying variation of the security for costs order
  3. 3 Whether enforcing the security for costs order would stifle the claim

Ratio Decidendi

The claimant failed to provide convincing evidence that it could not pay the outstanding security for costs or access resources to do so. There was no material change of circumstances justifying variation of the original order. The sanction of strike out in default of compliance with the unless order was not disproportionate in the circumstances.

Court Disposition

Application for Unless Order granted; Variation Application refused.

Orders

  • Unless the claimant pays the final instalment of security for costs in accordance with the March Order within seven days, the claim will be struck out.
  • The claimant's application to vary and reduce the security for costs order is refused.