Hniadzdzilau v Vajgel and others

Costs – Security for costs. The claimant issued a claim in 2012, seeking a declaration that he was the beneficial owner of shares in an English company, which owned valuable land in Belarus. The third defendant (D3) applied to be joined to the proceedings in 2014 and counterclaimed for a declaration that he was the beneficial owner of the shares and that they were held on trust for him by the second defendant. D3 applied for security of costs. The master dismissed the application, among other things, on the grounds that D3 should have applied to join the proceedings as sooner and that there had been a delay in making the application. The Chancery Division upheld the master's decision on the grounds of delay, notwithstanding that it disagreed with other aspects of the master's decision, including in respect of her decision that the 'Crabtree principle' applied to the case.

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