“…As the Judge noted, the relevant principles were set out in Energy Venture Partners Ltd v Malabu Oil and Gas Ltd [2014] EWCA Civ 1295, [2015] 1 WLR 2309. Tomlinson LJ (with whom the other members of the court agreed) stated:…”
“…unt of £100,000 is excessive, and was arrived at without going through the three-stage process required by Energy Venture Partners Ltd v Malabu Oil and Gas Ltd [2014] EWCA Civ 1295, [2015] 1 WLR 2309. Third, it is said on his behalf that he is unable to comply with the undertaking, with the consequence that his action will be stifled.…”