Alba Exotic Fruit SH PK v MSC Mediterranean Shipping Company S.A.

Alba Exotic Fruit SH PK v MSC Mediterranean Shipping Company S.A.

Alba's delay in applying for a Case Management Conference was inordinate and inexcusable, breaching PD 59 paragraph 7.2, but did not render a fair trial impossible or cause substantial prejudice to MSC. The most proportionate sanction is to order Alba to provide security for MSC's costs, not to strike out the claim.

Parties
Claimant: Alba Exotic Fruit SH PK; Defendant: MSC Mediterranean Shipping Company S.A.
Jurisdiction
England and Wales
Judgment Date
03 June 2019
Procedural Posture
Commercial Claim / Ruling on Strike Out and Security for Costs Applications
Outcome
Claim not struck out; security for costs ordered as sanction for procedural default.
Legal Topics
Strike Out Applications, Security for Costs, Delay in Litigation, Abuse of Process
Civil Procedure Shipping Law Strike Out Applications Security for Costs Delay in Litigation Abuse of Process

Case Brief

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Parties

Alba Exotic Fruit SH PK

Claimant

MSC Mediterranean Shipping Company S.A.

Defendant

Procedural Posture

Commercial Claim / Ruling on Strike Out and Security for Costs Applications

Legal Issues

  1. 1 Whether the claim should be struck out for inordinate and inexcusable delay under CPR 3.4(2)(b)
  2. 2 Whether the claim should be struck out for failure to comply with a practice direction under CPR 3.4(2)(c)
  3. 3 Whether security for costs should be ordered under CPR 25.12/25.13

Ratio Decidendi

Alba's delay in applying for a Case Management Conference was inordinate and inexcusable, breaching PD 59 paragraph 7.2, but did not render a fair trial impossible or cause substantial prejudice to MSC. The most proportionate sanction is to order Alba to provide security for MSC's costs, not to strike out the claim.

Court Disposition

Claim not struck out; security for costs ordered as sanction for procedural default.

Orders

  • Alba Exotic Fruit SH PK must provide security for MSC Mediterranean Shipping Company S.A.'s costs in the sum of £100,000.
  • Counsel to agree on the method of providing security.