Alta Trading UK Ltd & Ors v Bosworth & Ors [2025] EWHC 1097 (Comm) (08 May 2025)

Alta Trading UK Ltd & Ors v Bosworth & Ors [2025] EWHC 1097 (Comm) (08 May 2025)

The court held that it would be wrong in principle and inappropriate on the facts to order increased fortification of the claimants' undertakings in damages after the discharge of the freezing injunction, including by way of CPR 3.1(5). However, the claimants' conduct and asset position justified further security for costs in favour of certain defendants for the costs of the inquiry into damages.

Citation
[2025] EWHC 1097 (Comm)
Parties
Claimant: ALTA TRADING UK LIMITED (formerly known as ARCADIA PETROLEUM LIMITED); Claimant: ARCADIA ENERGY (SUISSE) SA; Claimant: ARCADIA ENERGY PTE. LTD.; Claimant: FARAHEAD HOLDINGS LIMITED; Defendant: PETER MILES BOSWORTH; Defendant: COLIN HURLEY; Defendant: STEPHEN CLIVE LANGFORD GIBBONS; Defendant: MARK RICHARD LANCE; Defendant: STEVEN KELBRICK; Defendant: SALEM CHUCRI MOUNZER; Defendant: ARCADIA PETROLEUM SAL OFFSHORE; Defendant: ARCADIA PETROLEUM LIMITED, MAURITIUS; Defendant: ATTOCK OIL INTERNATIONAL LIMITED, MAURITIUS; Defendant: THE CORNHILL GROUP LIMITED
Jurisdiction
England and Wales
Judgment Date
08 May 2025
Procedural Posture
Commercial Court Claim / Post Trial, Consequential Applications for Fortification and Security for Costs
Outcome
Application for further fortification refused; application for further security for costs granted in part.
Legal Topics
Freezing Injunctions, Cross Undertaking in Damages, Security for Costs, Fortification of Undertakings, Case Management Powers, Breach of Disclosure Obligations
Civil Procedure Commercial Law Freezing Injunctions Cross Undertaking in Damages Security for Costs Fortification of Undertakings Case Management Powers Breach of Disclosure Obligations

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Parties

ALTA TRADING UK LIMITED (formerly known as ARCADIA PETROLEUM LIMITED)

Claimant

ARCADIA ENERGY (SUISSE) SA

Claimant

ARCADIA ENERGY PTE. LTD.

Claimant

FARAHEAD HOLDINGS LIMITED

Claimant

PETER MILES BOSWORTH

Defendant

COLIN HURLEY

Defendant

STEPHEN CLIVE LANGFORD GIBBONS

Defendant

MARK RICHARD LANCE

Defendant

STEVEN KELBRICK

Defendant

SALEM CHUCRI MOUNZER

Defendant

ARCADIA PETROLEUM SAL OFFSHORE

Defendant

ARCADIA PETROLEUM LIMITED, MAURITIUS

Defendant

ATTOCK OIL INTERNATIONAL LIMITED, MAURITIUS

Defendant

THE CORNHILL GROUP LIMITED

Defendant

Procedural Posture

Commercial Court Claim / Post Trial, Consequential Applications for Fortification and Security for Costs

Legal Issues

  1. 1 Whether further fortification of the claimants' cross-undertaking in damages can be ordered after discharge of the freezing injunction
  2. 2 Whether further security for costs should be ordered for the benefit of certain defendants
  3. 3 Whether CPR 3.1(5) empowers the court to order payment into court in these circumstances

Ratio Decidendi

The court held that it would be wrong in principle and inappropriate on the facts to order increased fortification of the claimants' undertakings in damages after the discharge of the freezing injunction, including by way of CPR 3.1(5). However, the claimants' conduct and asset position justified further security for costs in favour of certain defendants for the costs of the inquiry into damages.

Court Disposition

Application for further fortification refused; application for further security for costs granted in part.

Orders

  • Claimants to provide further security for costs in the sum of £3,736,451 for the benefit of Mr Bosworth and Mr Hurley.
  • Claimants to provide further security for costs in the sum of £2,798,000 for the benefit of Mr Kelbrick and Attock Mauritius.