Lederer & Ors v The Persons Listed At Schedule 1 & Ors [2019] EWHC 554 (Ch) (22 January 2019)

Lederer & Ors v The Persons Listed At Schedule 1 & Ors [2019] EWHC 554 (Ch) (22 January 2019)

Security for costs ordered against corporate claimants as they failed to prove, on balance of probabilities, that such order would stifle their claim; claimants' evidence insufficient, and court applied discounts to estimated costs. No security ordered against individual claimant. General stay granted until 22 March 2019 due to police investigation into threats. Claimants required to serve claim form on investors by 1 April 2019 and pay security by same date or claims struck out.

Citation
[2019] EWHC 554 (Ch)
Parties
Claimant: Nicole Charlotte Lederer; Claimant: Purrinos Investment Limited; Claimant: Hannamay Investments Limited; Claimant: Hillam Property Holdings Limited; Claimant: Towton Limited; Defendant: Persons Listed at Schedule 1; Defendant: Persons Listed at Schedule 2; Defendant: Lendy Limited; Defendant: Saving Stream Security Holdings Limited; Defendant: Annika Kisby; Defendant: Victoria Liddell; Defendant: Tammy Wilkins
Jurisdiction
England and Wales
Judgment Date
22 January 2019
Procedural Posture
Civil / First Case Management Conference (adjourned), Applications for Security for Costs and Stay
Outcome
Security for costs ordered against second to fifth claimants; general stay granted; unless security paid by 1 April 2019, claims struck out; no security ordered against first claimant; no unless order for enforcement of £30,000 costs.
Legal Topics
Security for Costs, Case Management, Fraudulent Misrepresentation, Warranty of Authority, Enforcement of Costs Orders, Stay of Proceedings
Civil Procedure Property Law Contract Law Security for Costs Case Management Fraudulent Misrepresentation Warranty of Authority Enforcement of Costs Orders +1 more

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Parties

Nicole Charlotte Lederer

Claimant

Purrinos Investment Limited

Claimant

Hannamay Investments Limited

Claimant

Hillam Property Holdings Limited

Claimant

Towton Limited

Claimant

Persons Listed at Schedule 1

Defendant

Persons Listed at Schedule 2

Defendant

Lendy Limited

Defendant

Saving Stream Security Holdings Limited

Defendant

Annika Kisby

Defendant

Victoria Liddell

Defendant

Tammy Wilkins

Defendant

Procedural Posture

Civil / First Case Management Conference (adjourned), Applications for Security for Costs and Stay

Legal Issues

  1. 1 Whether security for costs should be ordered against claimants
  2. 2 Whether claimants' application for a general stay should be granted
  3. 3 Whether enforcement of outstanding costs order should proceed

Ratio Decidendi

Security for costs ordered against corporate claimants as they failed to prove, on balance of probabilities, that such order would stifle their claim; claimants' evidence insufficient, and court applied discounts to estimated costs. No security ordered against individual claimant. General stay granted until 22 March 2019 due to police investigation into threats. Claimants required to serve claim form on investors by 1 April 2019 and pay security by same date or claims struck out.

Court Disposition

Security for costs ordered against second to fifth claimants; general stay granted; unless security paid by 1 April 2019, claims struck out; no security ordered against first claimant; no unless order for enforcement of £30,000 costs.

Orders

  • General stay of proceedings until 22 March 2019.
  • Claimants to serve claim form on investors by 1 April 2019.