Solland Projects Llp v Nautiliodes Comercio Interracional E Servicos

Claimant failed to provide proper and sufficient evidence of impecuniosity or stifling of claim; security for costs is justified and ordered in tranches, and further information must be provided by specified dates or claims will be struck out.

Parties: Claimant: Solland Projects LLP; Defendant: Nautiliodes Comercio Interracional e Servicos
Jurisdiction: England and Wales
Judgment Date: 25 November 2011
Procedural Posture: Civil / Interlocutory Application Ruling
Outcome: Security for costs ordered; further information ordered; costs in the case.
Legal Topics: Security for Costs, Further Information, Management Contract, Loss of Profit Claims, VAT Agreement

Civil Procedure Contract Law Security for Costs Further Information Management Contract Loss of Profit Claims VAT Agreement

Case Brief

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Parties

Solland Projects LLP

Claimant

Nautiliodes Comercio Interracional e Servicos

Defendant

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

1 Whether the claimant should provide further information as ordered
2 Whether security for costs should be ordered against the claimant
3 Whether the claimant's financial position justifies refusal of security for costs

Ratio Decidendi

Court Disposition

Security for costs ordered; further information ordered; costs in the case.

Orders

Claimant to provide further information by 16th December 2011 for loss of profit claims (£250,000 and £750,000) or claims will be struck out.
Claimant to provide particulars under paragraph 25 by 20th January 2012.