Zodiac Training Ltd v Third Eye Technologies Ltd & Anor.

The application for security for costs failed and costs should follow the event. However, due to the Claimant's late service of evidence without explanation, the Claimant is only entitled to 85% of its assessed costs.

Parties: Claimant: Zodiac Training Limited; Defendant: Third Eye Technologies Limited; Defendant: Paul Smith
Jurisdiction: England and Wales
Judgment Date: 08 April 2011
Procedural Posture: Civil / Post Interlocutory Application (costs Ruling After Security for Costs Application)
Outcome: Application for security for costs dismissed; costs awarded to Claimant at 85% of assessed sum.
Legal Topics: Security for Costs, Costs Orders, Late Service of Evidence

Civil Procedure Security for Costs Costs Orders Late Service of Evidence

Case Brief

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Parties

Zodiac Training Limited

Claimant

Third Eye Technologies Limited

Defendant

Paul Smith

Defendant

Procedural Posture

Civil / Post Interlocutory Application (costs Ruling After Security for Costs Application)

Legal Issues

1 Whether the Defendants are entitled to security for costs against the Claimant
2 Whether costs should follow the event after the unsuccessful application for security for costs
3 Whether the Claimant's late service of evidence should affect the costs order

Ratio Decidendi

Court Disposition

Application for security for costs dismissed; costs awarded to Claimant at 85% of assessed sum.

Orders

Defendants to pay Claimant’s costs of the application for security for costs in the sum of £16,853.80 within 21 days of the judgment.