Dumrul v Standard Chartered Bank

Dumrul v Standard Chartered Bank

Security for costs should only be ordered if the Bank undertakes to consent to the dismissal of its counterclaim in the event the Claimant's claim is dismissed for failure to provide security. The only justified security is £25,000, reflecting the extra burden of enforcement in Turkey, but not for execution costs.

Parties
Claimant: Mr Ali Burak Dumrul; Defendant: Standard Chartered Bank
Jurisdiction
England and Wales
Judgment Date
20 October 2010
Procedural Posture
Commercial Application (security for Costs) / Ruling on Application for Security for Costs
Outcome
Application for security for costs allowed only on condition; maximum security set at £25,000 if Bank gives required undertaking.
Legal Topics
Security for Costs, Enforcement of Foreign Judgments, Counterclaims, Jurisdictional Issues
Civil Procedure Banking Law Security for Costs Enforcement of Foreign Judgments Counterclaims Jurisdictional Issues

Case Brief

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Parties

Mr Ali Burak Dumrul

Claimant

Standard Chartered Bank

Defendant

Procedural Posture

Commercial Application (security for Costs) / Ruling on Application for Security for Costs

Legal Issues

  1. 1 Whether security for costs should be ordered where claim and counterclaim are co-extensive
  2. 2 Whether obstacles or burdens to enforcement in Turkey justify an order for security for costs

Ratio Decidendi

Security for costs should only be ordered if the Bank undertakes to consent to the dismissal of its counterclaim in the event the Claimant's claim is dismissed for failure to provide security. The only justified security is £25,000, reflecting the extra burden of enforcement in Turkey, but not for execution costs.

Court Disposition

Application for security for costs allowed only on condition; maximum security set at £25,000 if Bank gives required undertaking.

Orders

  • Security for costs in the sum of £25,000 to be ordered only if the Bank undertakes to consent to dismissal of its counterclaim if the Claimant's claim is dismissed for failure to provide security.