Chemistree Homecare Ltd & Ors v Roche Products Ltd

Chemistree Homecare Ltd & Ors v Roche Products Ltd

There is reason to believe Chemistree will not be able to pay costs ordered against them, based on thorough analysis of their financial position and lack of credible evidence to the contrary. It is just to make an order for security for costs, but the sum sought by Roche is excessive; a fair and proportionate sum is £450,000.

Parties
Claimant: Chemistree Homecare Limited; Claimant: Blackbay Ventures Limited; Claimant: Zanrex Limited; Defendant: Roche Products Limited
Jurisdiction
England and Wales
Judgment Date
16 June 2011
Procedural Posture
Application for Security for Costs / Interlocutory Judgment
Outcome
Application for security for costs granted in part
Legal Topics
Security for Costs, Abuse of Dominant Position, Statutory Duty to Supply Medicines
Civil Procedure Competition Law Pharmaceutical Regulation Security for Costs Abuse of Dominant Position Statutory Duty to Supply Medicines

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Parties

Chemistree Homecare Limited

Claimant

Blackbay Ventures Limited

Claimant

Zanrex Limited

Claimant

Roche Products Limited

Defendant

Procedural Posture

Application for Security for Costs / Interlocutory Judgment

Legal Issues

  1. 1 Whether there is reason to believe the claimants will be unable to pay the defendant's costs if ordered to do so
  2. 2 Whether it is just to make an order for security for costs and in what sum

Ratio Decidendi

There is reason to believe Chemistree will not be able to pay costs ordered against them, based on thorough analysis of their financial position and lack of credible evidence to the contrary. It is just to make an order for security for costs, but the sum sought by Roche is excessive; a fair and proportionate sum is £450,000.

Court Disposition

Application for security for costs granted in part

Orders

  • Chemistree to provide security for costs in the sum of £450,000