Philip Williams and Ayesha Smart successful in defending an application for security of costs in the High Court

Authors: Philip WilliamsAyesha Smart
In: News Published: Friday 17 June 2022


Philip Williams and Ayesha Smart, instructed by Silvine Law, successfully defended against an application for security for costs in the High Court yesterday on behalf of their client Enjoy Media Ltd.

The 7.5bn Istanbul-based company Getir, which has raised almost $1bn in 2021, is a pioneer in the grocery delivery market. Getir’s UK operations started in January and embarked on a blitz on the last mile delivery space with its distinctive purple and yellow merchandise and advertising boards found on London buses and taxis. The company commissioned Enjoy Media to advertise the brand across London’s transport network.

Getir filed a lawsuit against Enjoy Media last year for over £671, 528, alleging that London agency placed adverts for Getir’s service on fewer London Taxis than had been agreed.

Enjoy Media subcontracted performance of the contract to the well-known Media Agency Group Ltd and have brought a Part 20 Claim against them for breach of their respective contract and an indemnity/contribution for Getir’s claim and costs.

Media Agency Group sought to acquire £100,000 in security allegedly on the basis that they would not be able to recover its costs against Enjoy, if ordered. The condition under CPR 25.13(2)(c) was conceded by Enjoy and the argument largely related to "all the circumstances of the case". Enjoy Media were successful in seeing off this application with Getir also being an intervener. Enjoy Media were successful in recouping nearly £18,000 in costs, however Getir were unable to recoup their costs.