Old Park Capital Maestro Fund Limited v Old Park Capital Limited & Ors.

Old Park Capital Maestro Fund Limited v Old Park Capital Limited & Ors.

Permission granted for witnesses to give evidence remotely, subject to legal compliance; security for costs to be provided within fourteen days, balancing logistical constraints and procedural fairness.

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
Civil / Pretrial Review
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

Civil / Pretrial Review

Legal Issues

  1. 1 Whether witnesses may give evidence remotely from overseas jurisdictions
  2. 2 Timing for provision of final phase of security for costs

Ratio Decidendi

Permission granted for witnesses to give evidence remotely, subject to legal compliance; security for costs to be provided within fourteen days, balancing logistical constraints and procedural 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 legal compliance