Alta Trading UK Limited & Ors v Peter Miles Bosworth & Ors

Alta Trading UK Limited & Ors v Peter Miles Bosworth & Ors

Further fortification of undertakings in damages cannot be ordered after discharge of injunction, even under CPR 3.1(5), as it would impose a retrospective burden not agreed as the price for the injunction. However, material changes in circumstances, including depletion of assets and new costs arising from detailed assessment and inquiry, justify ordering additional security for costs for Defendants.

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
05 August 2025
Procedural Posture
Commercial Court Claim / Post Trial, Consequential Applications for Fortification and Security for Costs
Outcome
Application for further fortification dismissed; applications for additional security for costs allowed.
Legal Topics
Freezing Injunctions, Security for Costs, Fortification of Undertakings, Case Management, Costs Assessment
Civil Procedure Commercial Law Freezing Injunctions Security for Costs Fortification of Undertakings Case Management Costs Assessment

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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 undertakings in damages can be ordered post-discharge of injunction
  2. 2 Whether additional security for costs should be ordered for detailed assessment and inquiry
  3. 3 Whether CPR 3.1(5) can be used to order fortification after injunction discharge

Ratio Decidendi

Further fortification of undertakings in damages cannot be ordered after discharge of injunction, even under CPR 3.1(5), as it would impose a retrospective burden not agreed as the price for the injunction. However, material changes in circumstances, including depletion of assets and new costs arising from detailed assessment and inquiry, justify ordering additional security for costs for Defendants.

Court Disposition

Application for further fortification dismissed; applications for additional security for costs allowed.

Orders

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