CNM Estates (Tolworth Tower) Ltd v VeCREF I Sarl & Ors

CNM Estates (Tolworth Tower) Ltd v VeCREF I Sarl & Ors

The court found this to be a plain case for security for costs, ordered an aggregate amount of £280,000 to be paid in instalments, and directed case management through a first case management conference. Summary assessment of costs was awarded at £40,000.

Parties
Claimant: CNM Estates (Tolworth Tower) Limited; First Defendant: Vecref I SARL; Second Defendant: Venn Partners LLP; Third Defendant: Simon Peter Carvill-Biggs; Fourth Defendant: Freddy Khalastch; Third Party: Knight Frank LLP
Jurisdiction
England and Wales
Judgment Date
19 October 2018
Procedural Posture
Commercial Court Claim / Security for Costs Application and Initial Case Management
Outcome
security for costs ordered; case management directions given; summary assessment of costs awarded
Legal Topics
Security for Costs, Case Management, Summary Assessment of Costs
Civil Procedure Security for Costs Case Management Summary Assessment of Costs

Case Brief

Summary, issues, holding and outcome

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Parties

CNM Estates (Tolworth Tower) Limited

Claimant

Vecref I SARL

First Defendant

Venn Partners LLP

Second Defendant

Simon Peter Carvill-Biggs

Third Defendant

Freddy Khalastch

Fourth Defendant

Knight Frank LLP

Third Party

Procedural Posture

Commercial Court Claim / Security for Costs Application and Initial Case Management

Legal Issues

  1. 1 whether security for costs should be ordered against the claimant
  2. 2 quantum and timing of security for costs
  3. 3 case management directions

Ratio Decidendi

The court found this to be a plain case for security for costs, ordered an aggregate amount of £280,000 to be paid in instalments, and directed case management through a first case management conference. Summary assessment of costs was awarded at £40,000.

Court Disposition

security for costs ordered; case management directions given; summary assessment of costs awarded

Orders

  • Claimant to provide security for costs in the aggregate amount of £280,000 in specified instalments.
  • Any proposed amended particulars of claim to be served in draft by 16 November 2018.