Ablaise Ltd v Nettec Plc & Anor
The claimant failed to demonstrate that an order for security in the sum requested would prevent it from continuing the litigation, as there are sufficient assets among its shareholders and directors to support the litigation if they chose to do so. The defendants' estimate of future costs is reasonable, and security for costs is appropriate in this case.
- Parties
- Claimant: Ablaise Limited; Defendant: Nettec PLC; Defendant: Anor.
- Jurisdiction
- England and Wales
- Judgment Date
- 30 October 2003
- Procedural Posture
- Civil (patents) / Application for Security for Costs
- Outcome
- Application for security for costs granted
- Legal Topics
- Security for Costs, Patent Litigation, Corporate Veil, Costs in Litigation
Case Brief
Summary, issues, holding and outcome
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Parties
Ablaise Limited
Claimant
Nettec PLC
Defendant
Anor.
Defendant
Procedural Posture
Civil (patents) / Application for Security for Costs
Legal Issues
- 1 Whether security for costs should be ordered against the claimant company
- 2 Whether an order for security would stifle the litigation
- 3 Whether the claimant has demonstrated inability to continue litigation if security is ordered
Ratio Decidendi
The claimant failed to demonstrate that an order for security in the sum requested would prevent it from continuing the litigation, as there are sufficient assets among its shareholders and directors to support the litigation if they chose to do so. The defendants' estimate of future costs is reasonable, and security for costs is appropriate in this case.
Court Disposition
Application for security for costs granted
Orders
- Claimant to provide security for costs in the sum of £320,000
Full Case Text
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