England and Wales Case Law

MOUNTAIN ASH PORTFOLIO LIMITED v BORIS TSIBENOVICH VASILYEV

The High Court ordered the claimant corporate trustee to provide £1.1 million security for the defendant’s costs in a commercial claim over a shareholder’s guarantee.

• Security for costs
• Trustee claims
• Stifling of claims
• Merits assessment
• Quantum of security
• Security-for-costs

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Chernukhin & Orsr v Danilina

Chernukhin & Orsr v Danilina [2018] EWCA Civ 1802 (30 July 2018)

Court of Appeal held that once real risk of non-enforcement is shown, security for costs should start from the full costs, not a graded sliding scale.

• Security for costs
• Enforcement of judgments
• Non-convention state residents
• Quantum of security
• Security-for-costs
• Enforcement-of-judgments

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