Old Park Capital Maestro Fund Ltd v Old Park Capital Ltd & Ors [2023] EWHC 1215 (Ch) (19 April 2023)

Old Park Capital Maestro Fund Ltd v Old Park Capital Ltd & Ors [2023] EWHC 1215 (Ch) (19 April 2023)

Permission granted for remote evidence from overseas witnesses subject to compliance with relevant foreign law; security for costs to be provided within fourteen days, balancing logistical constraints and fairness.

Citation
[2023] EWHC 1215 (Ch)
Parties
Claimant: Old Park Capital Maestro Fund Limited; First Defendant: Old Park Capital Limited; Second Defendant: Mr Hugo van Kuffeler; Third Defendant: Mr Bruno Pannetier
Jurisdiction
England and Wales
Judgment Date
19 April 2023
Procedural Posture
Pretrial Review / Interlocutory Order
Outcome
interlocutory orders granted
Legal Topics
Remote Evidence, Security for Costs
Civil Procedure Remote Evidence Security for Costs

Case Brief

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Parties

Old Park Capital Maestro Fund Limited

Claimant

Old Park Capital Limited

First Defendant

Mr Hugo van Kuffeler

Second Defendant

Mr Bruno Pannetier

Third Defendant

Procedural Posture

Pretrial Review / Interlocutory Order

Legal Issues

  1. 1 permission for remote evidence from overseas witnesses
  2. 2 timing for provision of security for costs

Ratio Decidendi

Permission granted for remote evidence from overseas witnesses subject to compliance with relevant foreign law; security for costs to be provided within fourteen days, balancing logistical constraints and fairness.

Court Disposition

interlocutory orders granted

Orders

  • Permission for Ms Ludgate to give evidence remotely from New York.
  • Permission for Mr Collin to give evidence remotely from Switzerland subject to compliance with Swiss law.