Societe Africaine De Raffinage v Savannah SA [2024] EWHC 590 (Comm) (23 February 2024)

Societe Africaine De Raffinage v Savannah SA [2024] EWHC 590 (Comm) (23 February 2024)

The applicant failed to demonstrate a real risk of substantial obstacles to enforcement or material additional burden in enforcing an English costs order in Senegal; the evidence was speculative and unquantified, and Senegalese law in principle allows enforcement of foreign judgments.

Source-derived case information.

Citation
[2024] EWHC 590 (Comm)
Parties
Claimant: Societe Africaine de Raffinage; Defendant: Savannah SA
Jurisdiction
England and Wales
Judgment Date
23 February 2024
Procedural Posture
Commercial Claim for Contractual Debt and Application for Security for Costs / Interlocutory Application for Security for Costs Prior to Service of Defence
Outcome
Application for security for costs dismissed
Legal Topics
Security for Costs, Enforcement of Foreign Judgments, Set Off, Case Management
Commercial Law Civil Procedure Security for Costs Enforcement of Foreign Judgments Set Off Case Management

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Parties

Societe Africaine de Raffinage

Claimant

Savannah SA

Defendant

Procedural Posture

Commercial Claim for Contractual Debt and Application for Security for Costs / Interlocutory Application for Security for Costs Prior to Service of Defence

Legal Issues

  1. 1 Whether security for costs should be ordered against a foreign claimant resident outside the jurisdiction (Senegal) under CPR 25.13(2)(a)
  2. 2 Whether there is a real risk of substantial obstacles to enforcement or additional burden in enforcing an English costs order in Senegal

Ratio Decidendi

The applicant failed to demonstrate a real risk of substantial obstacles to enforcement or material additional burden in enforcing an English costs order in Senegal; the evidence was speculative and unquantified, and Senegalese law in principle allows enforcement of foreign judgments.

Court Disposition

Application for security for costs dismissed

Orders

  • Application for security for costs dismissed
  • Claimant to amend particulars of claim by striking through para.20, para.21, and the first sentence of para.22 by 4 p.m. on Monday