Société Africaine de Raffinage v Savannah SA

No real risk of substantial obstacles to enforcement or material additional burden in Senegal was demonstrated; therefore, the application for security for costs fails and is dismissed.

Parties: Claimant: Societe Africaine de Raffinage; Defendant: Savannah SA
Jurisdiction: England and Wales
Judgment Date: 23 November 2024
Procedural Posture: Commercial Claim / Application for Security for Costs and Extension of Time to File Defence
Outcome: application dismissed
Legal Topics: Security for Costs, Enforcement of Foreign Judgments, Set Off, Case Management

Civil Procedure Commercial Law Security for Costs Enforcement of Foreign Judgments Set Off Case Management

Case Brief

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Parties

Societe Africaine de Raffinage

Claimant

Savannah SA

Defendant

Procedural Posture

Commercial Claim / Application for Security for Costs and Extension of Time to File Defence

Legal Issues

1 Whether Savannah SA is entitled to security for costs from Societe Africaine de Raffinage
2 Whether there is a real risk of substantial obstacles to enforcement of an English costs order in Senegal
3 Whether an extension of time to file defence should be granted

Ratio Decidendi

No real risk of substantial obstacles to enforcement or material additional burden in Senegal was demonstrated; therefore, the application for security for costs fails and is dismissed.

Court Disposition

application dismissed

Orders

Claimant to file and serve amended particulars of claim by 4 p.m. on Monday, striking through para.20, para.21 and the first sentence of para.22, without prejudice to repleading in reply if material.
Defendant to file and serve defence by 4 p.m. on Monday 4 March 2024.