Security for Costs Appeal in UK Law

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

  • 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.

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

  • Mohammed Waris Ali v Keith Hudson (trading as Hudson Freeman Berg (A Firm))
    • Court of Appeal (Civil Division)
    • 11 Dic 2003

    Those principles show that the power to order security for costs in a case of this kind should be exercised with great caution. The correct general approach may be summarised as follows:

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Legislation
  • Trade Marks Rules 2000
    • UK Non-devolved
    • 1 de Enero de 2000
    ...... . Decision of registrar, evidence and costs . . 54 . Decisions of registrar to be taken ...68 . . . 61 . Security for costs; s. 68 . . . 62 . Decision of trar . . Appeals . . 63 . Appeal to person appointed; s. 76 . ......
  • 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 ......
  • The Court of Protection Rules 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ...... (c) (c) avoiding delay and keeping costs down; . (d) (d) encouraging the parties to ... Application form . Rule 7.4 . . . Appeals . Rule 7.5 . . . Decisions and orders of the ... Rule 10.5 . . . Security for costs . Rule 10.6 . . . Conditions to be ......
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Books & Journal Articles
  • NOTES OF CASES
    • Núm. 7-1‐2, Abril 1944
    • The Modern Law Review
    ......=mJ5sot6GbqIq3HBeC0onLSUpZgs%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 ......
  • Burying Bell: Managing the Judicialisation of Social Security Tribunals
    • Núm. 63-4, Julio 2000
    • The Modern Law Review
    The Social Security Act 1998 introduced fundamental changes to the tribunal system for hearing appeal claims in respect of benefits. This article examines the reasons for these changes to the large...
    ...... introduced fundamental changes to the tribunal system for hearing appeal claims in respect of benefits. This article examines the reasons for these ... on through processes appropriately rationalized to take account of costs’. 199 The primary goal is implementation of the relevant government ......
  • Recovery of NHS Accident Costs: Tort as Vehicle for Raising Public Funds
    • Núm. 62-6, Noviembre 1999
    • The Modern Law Review
    ......=1629467327&Signature=jHlgPKTMM5r%2BoAJ%2BSMaRA%2BgKGo4%3D&x-amz-security... SI 1999 No 785 and the Road Traffic (NHS Charges) (Reviews and Appeals) Regulations SI 1999 No 786. 2 Now revised and set out in the Social ......
  • Employment, Justice and Détente: the Reform of Vetting
    • Núm. 54-5, Septiembre 1991
    • The Modern Law Review
    ......=nllnopbpZeYuOc0KZ2VJ0d6oBDw%3D&x-amz-security...’ cases are subject to internal appeal to the Permanent Secretary of the department. ... and to punish for and to award costs from public funds.149 The CSIS Act treats ......
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Law Firm Commentaries
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