William Sykes v Sumiki Limited

William Sykes v Sumiki Limited

Security for costs is justified where the appellant is resident outside the jurisdiction and there is a real risk of significant additional cost and delay in enforcing a UK judgment in Kenya, as supported by legal commentary. However, security should be limited to the likely additional cost of enforcement, not the full costs of the appeal or first instance proceedings, and should not include an unless order.

Parties
Appellant/respondent: William Sykes; Respondent/applicant: Sumiki Limited
Jurisdiction
England and Wales
Judgment Date
14 August 2025
Procedural Posture
Civil Appeal / Application for Security for Costs Pending Appeal
Outcome
application granted in part
Legal Topics
Security for Costs, Enforcement of Foreign Judgments, Appeals
Civil Procedure Security for Costs Enforcement of Foreign Judgments Appeals

Case Brief

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Parties

William Sykes

Appellant/respondent

Sumiki Limited

Respondent/applicant

Procedural Posture

Civil Appeal / Application for Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether security for costs should be ordered against an appellant resident outside the jurisdiction (Kenya) under CPR 25.29 and 25.27
  2. 2 Whether the risk of additional cost or delay in enforcing a UK judgment in Kenya justifies security for costs
  3. 3 Whether security should cover only appeal costs or also first instance costs

Ratio Decidendi

Security for costs is justified where the appellant is resident outside the jurisdiction and there is a real risk of significant additional cost and delay in enforcing a UK judgment in Kenya, as supported by legal commentary. However, security should be limited to the likely additional cost of enforcement, not the full costs of the appeal or first instance proceedings, and should not include an unless order.

Court Disposition

application granted in part

Orders

  • Appellant to provide security for costs of the appeal in the sum of £15,000 within 14 days
  • Liberty to the respondent to apply to strike out the appeal if payment is not made within the timescale