
In Brewer Management Corporation v Christie Manson & Woods Master Pester refused to grant security for costs against a claimant company incorporated in the British Virgin Islands. Master Pester held that the gateways for security were established but that security should nevertheless be refused because ordering security would have the effect of granting the defendant security for the costs of its counterclaim. This is a modern application of the so-called ‘Crabtree Principle’ established by the Court of Appeal in BJ Crabtree (Insulations) Ltd v GPT Communication Systems Ltd (1990) 59 BLR 43.
The wider proceedings concern a dispute over a 'third-party guarantee’ of a Picasso painting sold by Christie’s at auction.
The claimant was represented by Ricky Diwan KC, leading Harry Martin of Serle Court, and instructed by Tim Maxwell, Elizabeth Scandrett and Matthew Shore of Wedlake Bell.
The judgment can be read in full here.
Harry Martin has a busy junior practice specialising in chancery, commercial chancery, and art and cultural property work. He advises in relation to contentious and non-contentious matters, both in England & Wales and in other jurisdictions.
Harry is ranked as a leading barrister in the Chambers UK Bar and Chambers High Net Worth guides, which describe him as “a rising star”, and “very bright and commercial in his advice”.
Call: 2012