Security for Costs Appeal in UK Law

Leading Cases
  • Nasser v United Bank of Kuwait
    • Court of Appeal (Civil Division)
    • 21 Diciembre 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.

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

    It is not, however, sufficient to render a director liable for costs that he was a director of the company and caused it to bring or defend proceedings which he funded and which ultimately failed. Where such proceedings are bought bona fide and for the benefit of the company, the company is the real plaintiff.

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

  • De Bry v Fitzgerald
    • Court of Appeal (Civil Division)
    • 01 Noviembre 1988

    This is that a defendant should be entitled to security if there is reason to believe that, in the event of his succeeding and being awarded the costs of the action, he will have real difficulty in enforcing that order.

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

  • Contract Facilities Ltd and The Estate of Rees (Deceased) and Ors
    • Court of Appeal (Civil Division)
    • 24 Julio 2003

    First Mr Shuck had financed the whole of the trial process or been a party to the financing. Second this is a case in which a section 51 application must stand a considerable prospect of success. Their position is that when Mr Shuck has financed the trial and is financing the appeal, there is no reason why he should be allowed to conduct that appeal on a heads he wins and a tails they lose basis.

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Legislation
  • The Family Procedure Rules 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ......costs is decided in accordance with Part 47 of the CPR; ...(including an application for permission to appeal) and it considers that the application is totally ... it involves matters relating to national security; . (c) (c) it involves confidential information ......
  • Court of Admiralty (Ireland) Act 1867
    • UK Non-devolved
    • 1 de Enero de 1867
    ...... to alter the Mode of. appealing therefrom; to regulate the Establishment of ...; and there shall be charged, as Part of the Costs in any Cause in the said Court, such Fees for ... such Arrest, have obtained Bail or other Security for the Sum in which the Cause is instituted, or ......
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... . . (c) a benefit under social security legislation, or. . . (d) a payment made under ... applied has been subsequently set aside on appeal,. . notice of appeal against the sentence may ... . . (f) making an order as to costs to be paid by the accused to the prosecutor under ......
  • Naval Prize Act 1864
    • UK Non-devolved
    • 1 de Enero de 1864
    ...... Committee of the Privy Council in a Prize Appeal. Appeal; Judicial Committee. . Appeal; Judicial ... (including Regulations as to Fees, Costs, Charges, and Expenses) as may for the Time being .... Claim. . S-23 . Entry of Claim; Security for Costs. 23 Entry of Claim; Security for ......
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Books & Journal Articles
  • NOTES OF CASES
    • Nbr. 7-1‐2, April 1944
    • The Modern Law Review
    ......=lWPyBjkPtq0gzD5QBeiaPvsnrY0%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 ......
  • Heightening Security Consciousness and Sensitizing Police Personnel: “Factor X”
    • Nbr. 69-4, October 1996
    • Police Journal: Theory, Practice and Principles
    ......A cross-section of topics will be presented, designed to appeal not only to manufacturers and installers of security products and ... Each conference session costs £75 + VAT per delegate (includes copy of presented papers - ......
  • It’s only money
    • Nbr. 53-1, January 2016
    • Journal of Peace Research
    The sunk costs fallacy is an important concept in the academic and policy worlds. It has helped explain consequential national security decisions such as the escalation in Vietnam and the surges in...
    ......=%2FZHf%2FpntfCjEgzr05KgosBuVUTg%3D&x-amz-security...: Do voters treat human and financial sunk costs the same? Charles Miller Coral Bell School of ... remains a crucial part of his electoral appeal. Public opinion will therefore continue to play a ......
  • Uncovering the hidden cost of staff fraud: an assessment of 45 cases in the UK
    • Nbr. 22-2, May 2015
    • Journal of Financial Crime
    • 170-183
    Purpose: – The purpose of this paper is to provide evidence on the additional costs of dealing with staff fraud, beyond the initial fraud loss, based on 45 cases of staff fraud. Design/methodology...
    ...... is to provide evidence on the additional costs of dealing with stafffraud, beyond the initial ... costs beyond the actual loss weresecurity expenditure, insurance, lost output, victim ...The member of staff may appeal adding further to the costs. In somecases when an ......
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Law Firm Commentaries
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Forms
  • Notice of offer to settle (Section 1 - Part 36)
    • 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. etailed costs assessment proceedings. A Notice of acceptance ...the Social Security (Recovery of Benefits Act) 1997. OR. This offer ......
  • Respondent's notice (For use in appeals in the Family Division of the High Court)
    • Court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ......costs involved and ways in which you can pay. You must pay the relevant fee when ...• asking for security for costs, ie that the appellant be ordered to pay a sum of money into ......
  • Respondent's notice (For all appeals except appeals to the Family Division of the High Court)
    • Court and tribunal forms
    County Court forms including the N1 money claim form.
    ......consider: whether the issue is significant enough to justify the costs of an. appeal;.  the overall effect on the case management timetable, ...it is necessary;.  asking for security for costs, ie that the appeallant be ordered to. pay a sum of money into ......
  • Chapter SG66300
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......S130 set-off does not apply where security is provided by a performance bond. Set-off can ... disputed, or where the time for them to appeal has passed. The only debt to HMRC that cannot be set-off is costs. Where security becomes repayable but the person ......
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