Security for Costs Appeal in UK Law

Leading Cases
  • Société Générale S.A v Saad Trading, Contracting and Financial Services Company and Another
    • Court of Appeal (Civil Division)
    • 23 May 2012

    Alternatively, if the funds brought into court are to continue to be treated as those of the third party, there is no point in the exercise at all, because it will not benefit the respondent/judgment creditor.

  • Nasser v United Bank of Kuwait
    • Court of Appeal (Civil Division)
    • 21 December 2001

    It would be both discriminatory and unjustifiable if the mere fact of residence outside any Brussels/Lugano member state could justify the exercise of discretion to make orders for security for costs with the purpose or effect of protecting defendants or respondents to appeals against risks, to which they would equally be subject and in relation to which they would have no protection if the claim or appeal were being brought by a resident of a Brussels or Lugano state.

    Returning to Part 25.15(1) and 25.13(1) and (2)(a) and (b), if the discretion to order security is to be exercised, it should therefore be on objectively justified grounds relating to obstacles to or the burden of enforcement in the context of the particular foreign claimant or country concerned. Insolvent or impecunious companies present a different situation, since the power under CPR Part 25.13(2)(c) applies to companies wherever incorporated and resident, and is not discriminatory.

  • Parkinson (Sir Lindsay) & Company Ltd v Triplan Ltd
    • Court of Appeal (Civil Division)
    • 19 January 1973

    Mr. Levy helpfully suggests some of the matters which the Court might take into account, such as whether the company's claim is bona fide and not a sham and whether the company has a reasonably good prospect of success. It would also consider whether the company's want of means has been brought about by any conduct by the defendants, such as delay in payment or delay in doing their part of the work.

  • Metalloy Supplies Ltd v M.A. (U.K.) Ltd
    • Court of Appeal (Civil Division)
    • 12 December 1996

    Where such proceedings are bought bona fide and for the benefit of the company, the company is the real plaintiff. If in such a case an order for costs could be made against a director in the absence of some impropriety or bad faith on his part, the doctrine of the separate liability of the company would be eroded and the principle that such orders should be exceptional would be nullified.

  • Bestfort Developments Llp and Others v Ras Al Khaimah Investment Authority and Others
    • Court of Appeal (Civil Division)
    • 08 November 2016

    12 but whether the evidence is sufficient in any particular case to satisfy the judge that there is a real risk of serious obstacles to enforcement, will depend on the circumstances of the case.

  • Aliaksandr Hniazdzilau v Zolt Adam Vajgel and Others
    • Chancery Division
    • 11 May 2015

    Delay in making the application is one of the circumstances to which the court will have regard when exercising its discretion to order security. The court may refuse to order security where delay has deprived the claimant of the time to collect the security, or led the claimant to act to his detriment or may cause hardship in the future costs of the action.

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  • Appellate Jurisdiction Act 1876
    • UK Non-devolved
    • January 01, 1876
    ... ... 56) ... 3: Cases in which appeal lies to House of Lords.: Subject as in this Act ... -matter in dispute, and as to giving security for costs, and as to the time within which the ... ...
  • Space Industry Act 2018
    • UK Non-devolved
    • January 01, 2018
    ... ... of State;(f) the interests of national security;(g) any international obligations of the United ... Part 1: Appeal panels ... Appeal panels ... (I701) (1) ... to the application or appeal in respect of costs.(5) Sub-paragraphs (2) , (3) and (4) (a) do not ... ...
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... 2 to, the Anti-terrorism, Crime and Security Act 2001 (c. 24). # M23 2002 c. 29. # M24 1981 c ... in the criminal division of the Court of Appeal ... (2) If a rule applies only in one or some ... Directions, as amended, and ‘Criminal Costs Practice Direction’ means the Lord Chief ... ...
  • Trade Marks Act 1938
    • UK Non-devolved
    • January 01, 1938
    ... ... in a manner approved by him or on an appeal (which may be brought either to the Board of ... withdraw his application without payment of costs on giving notice as prescribed ... (7) The ... , the tribunal may require him to give security for costs of the proceedings before the tribunal ... ...
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Books & Journal Articles
  • Civil Procedure Rules - Extracts
    • Appendices
    • Vexatious Litigants and Civil Restraint Orders. A Practitioner's Handbook
    • David Giles/Maurice Rifat
    • 161-177
    ... ... any party to file and serve an estimate of costs; ... (m) take any other step or make any other ... (including an application for permission to appeal or for permission to apply for judicial review) ... 25.15 provides for the court to order security for costs of an appeal) ... Appellant’s notice ... ...
    • No. 7-1‐2, April 1944
    • The Modern Law Review
    ... ... =rtnBLwcciFpsAGjY6lyJJrgS800%3D&x-amz-security ... decision of the Court of Criniinal Appeal in R. v. Lcckcy, [I9441 I K.B. 80, raises ... W. FRIEUMANN. Costs as Necessaries The question raised in King ... ...
  • II Council of Europe
    • No. 13-4, December 1995
    • Netherlands Quarterly of Human Rights
    • 0000
    ... ... who would be likely, if confronted by security forces, to use their weaponsor detonate the bomb ... the Indictment Division of the Court of Appeal. He also sought leave to appearbefore the ... under Article50 a specified amount for costs and expenses.Article 6(1)ECHR:Rightto a fair ... ...
  • Litigation
    • Construction Law. Volume III - Third Edition
    • Julian Bailey
    • 2119-2304
    ... ... 2203 (ii) Considerations 2203 (iii) Costs 2206 Ex parte application 2206 Security for ... 2288 (ii) Post-judgment interest 2294 Appeal 2294 (i) Generally 2294 (ii) Conduct of appeal ... ...
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Law Firm Commentaries
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  • Notice of offer to settle (Section 1 - Part 36)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... claim, appeal or cross-appeal. It may also be used to settle ... detailed costs assessment proceedings ... A Notice of ... the Social Security (Recovery of Benefits Act) 1997 ... This offer ... ...
  • Respondent's notice (For use in appeals in the Family Division of the High Court)
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... A free leaflet EX340 – ‘I want to appeal’ giving information about making an appeal in ... the costs involved and ways in which you can pay. You must ... • asking for security for costs, ie that the appellant be ordered to ... ...
  • Respondent's notice (For all appeals except appeals to the Family Division of the High Court)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... A free leaflet I want to appeal giving information about making an ... appeal in ... issue is significant enough to justify the costs of an ...  the overall effect on the case ... it is necessary; ...  asking for security for costs, ie that the appeallant be ordered to ... ...
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