Tyndaris v MMWWVWM Ltd

Tyndaris v MMWWVWM Ltd

The claimant failed to provide convincing evidence that it could not pay the outstanding security for costs or that it could not access funds. There was no material change in circumstances to justify varying the March Order. The sanction of strike out for non-compliance with the unless order is proportionate in the circumstances.

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

Case Brief

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Parties

Tyndaris, Sam

Claimant

MMWWVWM Ltd.

Defendant

Procedural Posture

Commercial / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the March Order for security for costs should be varied due to a material change in circumstances
  2. 2 Whether an unless order should be granted striking out the claim if security is not paid
  3. 3 Whether the sanction of strike out is proportionate

Ratio Decidendi

The claimant failed to provide convincing evidence that it could not pay the outstanding security for costs or that it could not access funds. There was no material change in circumstances to justify varying the March Order. The sanction of strike out for non-compliance with the unless order is proportionate 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, the claim will be struck out.
  • Variation Application to reduce the security for costs is refused.