Joseph Braddell & Son Ltd v Zurich Insurance Public Liability Company [2023] NIKB 56 (20 April 2023)
Security for costs was refused because ordering it would stifle a genuine claim by a small company against a large insurer, and the plaintiff had reasonable prospects of success. The prejudice to the plaintiff outweighed the prejudice to the defendant.
- Citation
- [2023] NIKB 56
- Parties
- Plaintiff/respondent: Joseph Braddell & Son Ltd; Defendant/appellant: Zurich Insurance Public Liability Company
- Jurisdiction
- Northern Ireland
- Judgment Date
- 20 April 2023
- Procedural Posture
- Appeal / Interlocutory Application for Security for Costs
- Outcome
- Appeal dismissed
- Legal Topics
- Security for Costs, Corporate Insolvency, Insurance Indemnity, Moral Hazard, Business Interruption Claims
Case Brief
Summary, issues, holding and outcome
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Parties
Joseph Braddell & Son Ltd
Plaintiff/respondent
Zurich Insurance Public Liability Company
Defendant/appellant
Procedural Posture
Appeal / Interlocutory Application for Security for Costs
Legal Issues
- 1 Whether security for costs should be ordered against a corporate plaintiff
- 2 Whether plaintiff's inability to pay security was caused by defendant's conduct
- 3 Plaintiff's prospects of success in insurance claim
Ratio Decidendi
Security for costs was refused because ordering it would stifle a genuine claim by a small company against a large insurer, and the plaintiff had reasonable prospects of success. The prejudice to the plaintiff outweighed the prejudice to the defendant.
Court Disposition
Appeal dismissed
Orders
- No order for security for costs
- Defendant condemned in costs of the application
Full Case Text
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