In the matter of Bennett Invest Ltd, LTL 12/5/2015 Ch.D

Following a two day hearing in this long running claim to a $6 million property in Minsk, Mr Richard Millet QC (sitting as a Deputy High Court Judge) this week dismissed an appeal against the Master’s refusal to make an order for security costs in favour of the Third Defendant.  Having accepted that the Third Defendant was not precluded from applying for such security under the Crabtree principle the Judge nevertheless dismissed the appeal on the grounds of delay.  Adopting the dicta in Radu v. Houston [2006] EWCA Civ 1575, the Court found that the Third Defendant’s failure to apply promptly for such security had deprived the Claimant of a proper choice and left him with insufficient time in which to comply with any order given that the case was listed for trial in June of 2015.  A summary of the judgment can now be found on Lawtel.

Mr Clifford Darton acted for the successful respondent (claimant) instructed by Mr James Robertson and Ms Melinda Shashou of HCLS solicitors.