England and Wales Case Law

Ping Fai Yuen v Fun Yung Li & Anor

Claims in conversion are struck out as English law does not permit conversion of intangible property such as Bitcoin; trespass to goods is not struck out at this stage pending possible amendment; security for costs is refused due to overwhelming evidence, assets within jurisdiction, and unreliable cost estimates; substituted service is granted for Second Defendant.

Source excerpt

• Digital assets
• Conversion
• Trespass to goods
• Unjust enrichment
• Breach of confidence
• Misuse of private information

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Russian Operator Policy Claims, Re

The Deep Sky Claimants failed to provide sufficient evidence that security for costs would stifle their claims, particularly given evidence that parent and group companies have funded litigation costs to date. The court is entitled to expect claimants to seek funding from within their corporate structure. The amounts sought for security are proportionate and justified. Security for costs is therefore ordered in the amounts sought by the War Risk Defendants.

Source excerpt

• Security for costs
• Corporate structure and funding
• Stifling of claims
• Costs management

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Mehul Choksi v The Government of India & Ors

Security for costs was ordered because the claimant is resident abroad, there is a real risk of non-enforcement of costs orders, the merits do not demonstrate a high probability of success, and there is insufficient evidence that the claim would be stifled by the order.

Source excerpt

• Security for costs
• State immunity
• Jurisdiction
• Forum non conveniens
• False imprisonment
• Conspiracy

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Durnont Enterprises v Fazita Investment Limited & Ors

The High Court refused permission to appeal and made consequential costs orders in a derivative claim, ordering indemnity costs, a stayed interim payment, and partial release of security.

• Derivative actions
• Jurisdiction challenge
• Costs (indemnity/standard)
• Security for costs
• Permission to appeal
• Derivative-actions

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Durnont Enterprises v Fazita Investment Ltd & Ors

Durnont Enterprises v Fazita Investment Ltd & Ors [2026] EWHC 1224 (Ch) (18 May 2026)

Consequentials hearing in a derivative claim: indemnity costs, joint and several liability, interim payment, security for costs, and permission to appeal.

• Derivative claims
• Jurisdiction challenge
• Costs (indemnity/standard)
• Security for costs
• Permission to appeal
• Full and frank disclosure

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Magomedov & Ors v TPG Group Holdings (SBS), LP & Ors

Magomedov & Ors v TPG Group Holdings (SBS), LP & Ors [2026] EWHC 1051 (Comm) (06 May 2026)

The Commercial Court refused most post-judgment security-for-costs requests but granted security for anticipated detailed assessment proceedings.

• Security for costs
• Costs assessment
• Post-judgment procedure
• Security-for-costs
• Costs-assessment
• Post-judgment-procedure

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Ziyavudin Magomedov & Ors v TPG Group Holdings (SBS), LP & Ors

Post-judgment security for costs application partly refused and partly granted, with security ordered only for detailed assessment proceedings.

• Security for costs
• Costs assessment
• Jurisdiction challenge
• Freezing order
• Detailed assessment proceedings
• Security-for-costs

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Magomedov & Ors v Rabinovich & Ors

Magomedov & Ors v Rabinovich & Ors [2026] EWHC 962 (SCCO) (24 April 2026)

The SCCO refused an application for security for costs in detailed assessment proceedings, holding CPR 25 does not apply and CPR 47 provides the relevant code.

• Security for costs
• Detailed assessment
• Jurisdiction of scco
• Cpr 25
• Cpr 47
• Interim costs certificates

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Ziyavudin Magomedov & Ors v Mikhail Rabinovich & Ors

The SCCO refused an application for security for costs in detailed assessment proceedings, holding it had no jurisdiction under CPR 25 and that CPR 47 provides the relevant code.

• Security for costs
• Detailed assessment
• Jurisdiction
• Interim remedies
• Security-for-costs
• Detailed-assessment

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Taha Pharmaceuticals v Capsugel Belgium NV

The Court of Appeal refused permission to appeal against orders refusing relief from sanctions after the claimant failed to comply with an unless order for security for costs.

• Relief from sanctions
• Security for costs
• Strike out
• Unless order
• Proportionality
• Litigation conduct

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