QATAR INV. AND PROJECTS DEV. HOLDING CO & ANOR V PHOENIX ANCIENT ART SA & ORS [2025] EWCA CIV 1300

Описание: Security For Costs | Proportionality And Foreign Enforcement

In Qatar Investment and Projects Development Holding Co & Anor v Phoenix Ancient Art S.A. & Ors, the Court of Appeal granted the claimants’ application for security for their appeal costs but reduced the quantum from £225,000 to £70,000. The appellants—a Swiss company and two individuals resident in Switzerland and New York—appealed against summary judgment granted by Garnham J following disclosure failures. The claimants applied for security under CPR 25.29(1), relying on CPR 25.27(b)(i) (residence abroad), (ii) (Phoenix’s inability to pay), and (vi) (steps taken making enforcement difficult). The court found all three grounds established. It rejected the pre-Brexit rules argument, holding the Civil Procedure (Amendment) Rules 2025 applied. Phoenix was found to be insolvent based on adjusted accounts. The individual appellants had taken steps placing assets beyond reach, including disposing of interests for no consideration and making unexplained payments; their property equity was precarious due to substantial local creditor claims. Ordering security was just and not discriminatory given objectively justified enforcement concerns. However, the claimed costs were disproportionate for a one-day appeal, and costs related to the respondents’ notice were excluded. Security was ordered at £70,000.

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