EWHC 1872; also 25.02.02; also 28.01.02:  EWCA Civ 357
Court: High Court
Date of Judgment: 03.08.04
Hugh Norbury QC
Crystal sought security for costs to cover their trial costs and were awarded £200,000 by Evans-Lombe J. The Court of Appeal allowed the appeal on the basis that the judge had failed to take into account the consequences if security was not paid, which were that the Claimant's case would be dismissed and this result was disproportionate.
Jacob J, in giving judgmenet on liablity in favour of the Claimant, considers the appropriate measure of quantum meruit where the claimant had performed pre-contractual work in the expecation of a contract that never materialised.
The Claimants obtained injunctions restraining the defendants from continuing Californian proceedings on the basis that such proceedings were in breach of an exclusive jurisdiction clause. The defendants objected on the basis that the exclusive jurisdiction clauses could not be relied on as tainted by fraudulent misrepresentation.