JSC VTB Bank v Skurikhin & Ors
The court found no sufficient reason to reserve or defer the costs of the security application or to stay execution. The security application was a discrete matter, costs should follow the event, and there were no special circumstances justifying a stay or delay. Berenger was not abusing process and was not in the...
Source-derived case information.
- Parties
- Claimant: JSC VTB Bank; Defendant: Pavel Valerjevich Skurikhin; Defendant: Pikeville Investments LLP; Defendant: Perchwell Holdings LLP; Respondent: Zeno Alois Meier; Respondent: Beat Lerch; Respondent: Crown Capital Holdings Limited; Respondent: The Berenger Foundation
- Jurisdiction
- England and Wales
- Judgment Date
- 21 January 2019
- Procedural Posture
- Commercial / Costs Determination Following Dismissal of Security for Costs Application
- Outcome
- Costs awarded to the Fourth Respondent (Berenger Foundation)
- Legal Topics
- Security for Costs, Costs Orders, Stay of Execution, Case Management
Source-derived case record
Summary, issues, holding and outcome
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Parties
JSC VTB Bank
Claimant
Pavel Valerjevich Skurikhin
Defendant
Pikeville Investments LLP
Defendant
Perchwell Holdings LLP
Defendant
Zeno Alois Meier
Respondent
Beat Lerch
Respondent
Crown Capital Holdings Limited
Respondent
The Berenger Foundation
Respondent
Procedural Posture
Commercial / Costs Determination Following Dismissal of Security for Costs Application
Legal Issues
- 1 Whether costs of the security for costs application should be awarded immediately or reserved/deferred
- 2 Whether execution of the costs order should be stayed or payment deferred
- 3 Appropriate quantum of costs to be awarded
Ratio Decidendi
The court found no sufficient reason to reserve or defer the costs of the security application or to stay execution. The security application was a discrete matter, costs should follow the event, and there were no special circumstances justifying a stay or delay. Berenger was not abusing process and was not in the position of a claimant. The amount of costs claimed by Berenger was reduced to £31,000 as a reasonable assessment.
Court Disposition
Costs awarded to the Fourth Respondent (Berenger Foundation)
Orders
- Berenger Foundation awarded £31,000 in costs of the security application, to be paid within 21 days.
Full Case Text
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