Zodiac Training Ltd v Third Eye Technologies Ltd & Anor [2011] EWHC 881 (TCC) (08 April 2011)

Application for security for costs failed; costs should follow the event but Claimant's late service of evidence justifies reduction of costs awarded.

Citation: [2011] EWHC 881 (TCC)
Parties: Claimant: Zodiac Training Limited; Defendant: Third Eye Technologies Limited; Defendant: Paul Smith
Jurisdiction: England and Wales
Judgment Date: 08 April 2011
Procedural Posture: Application for Security for Costs / Post Hearing Costs Determination
Outcome: Application for security for costs dismissed; costs awarded to Claimant at reduced rate.
Legal Topics: Security for Costs, Costs Orders, Late Evidence Service

Civil Procedure Security for Costs Costs Orders Late Evidence Service

Case Brief

Summary, issues, holding and outcome

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Parties

Zodiac Training Limited

Claimant

Third Eye Technologies Limited

Defendant

Paul Smith

Defendant

Procedural Posture

Application for Security for Costs / Post Hearing Costs Determination

Legal Issues

1 Whether Defendants are entitled to security for costs
2 Whether costs should follow the event after unsuccessful application
3 Impact of late service of evidence on costs award

Ratio Decidendi

Application for security for costs failed; costs should follow the event but Claimant's late service of evidence justifies reduction of costs awarded.

Court Disposition

Application for security for costs dismissed; costs awarded to Claimant at reduced rate.

Orders

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