Solland Projects Llp v Nautiliodes Comercio Interracional E Servicos [2011] EWHC 3496 (TCC) (25 November 2011)

Solland Projects Llp v Nautiliodes Comercio Interracional E Servicos [2011] EWHC 3496 (TCC) (25 November 2011)

The claimant failed to provide sufficient and corroborated evidence of impecuniosity to resist an order for security for costs. The court is satisfied that the threshold for ordering security is met and fixes security at £100,000, payable in three tranches, as proportionate to the costs of the preliminary issues and to avoid stifling the claim.

Citation
[2011] EWHC 3496 (TCC)
Parties
Claimant: Solland Projects LLP; Defendant: Nautiliodes Comercio Interracional e Servicos
Jurisdiction
England and Wales
Judgment Date
25 November 2011
Procedural Posture
Civil (technology and Construction Court) / Interlocutory Application (requests for Further Information and Security for Costs)
Outcome
Interlocutory orders granted.
Legal Topics
Requests for Further Information, Security for Costs, Case Management, Impecuniosity, Preliminary Issues
Civil Procedure Construction Law Requests for Further Information Security for Costs Case Management Impecuniosity Preliminary Issues

Case Brief

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Parties

Solland Projects LLP

Claimant

Nautiliodes Comercio Interracional e Servicos

Defendant

Procedural Posture

Civil (technology and Construction Court) / Interlocutory Application (requests for Further Information and Security for Costs)

Legal Issues

  1. 1 Whether the claimant should be ordered to provide further information in response to requests under Part 18.
  2. 2 Whether security for costs should be ordered against the claimant and in what amount.
  3. 3 Whether the claimant's financial position justifies refusal or reduction of security for costs.

Ratio Decidendi

The claimant failed to provide sufficient and corroborated evidence of impecuniosity to resist an order for security for costs. The court is satisfied that the threshold for ordering security is met and fixes security at £100,000, payable in three tranches, as proportionate to the costs of the preliminary issues and to avoid stifling the claim.

Court Disposition

Interlocutory orders granted.

Orders

  • Claimant to provide further information in response to requests 10 and 18 by 16 December 2011, failing which the relevant loss of profit claims (£250,000 and £750,000) will be struck out.
  • Claimant to provide further information in response to request 25 by 20 January 2012 (no 'unless' sanction).