Security for Costs Appeal in UK Law
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Société Générale S.A v Saad Trading, Contracting and Financial Services Company and Another
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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.
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Nasser v United Bank of Kuwait
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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.
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Metalloy Supplies Ltd v M.A. (U.K.) Ltd
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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.
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Bestfort Developments Llp and Others v Ras Al Khaimah Investment Authority and Others
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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.
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Aliaksandr Hniazdzilau v Zolt Adam Vajgel and Others
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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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Cohl (Samuel J.) Company v Eastern Mediterranean Maritime Ltd (Silver Fir)
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What the Master of the Rolls was saying was that there is a discretion to award security for costs even in cases which arise out of the same subjectmatter. But if the counterclaim is a defence and nothing more then normally the discretion should not be exercised in favour of ordering security.
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Appellate Jurisdiction Act 1876
... ... Appeal ... Cases in which appeal lies to House of ... -matter in dispute, and as to giving security for costs, and as to the time within which the ... ...
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Patents and Designs Act 1907
... ... requires an amendment, the applicant may appeal from his ... decision to the law officer, who ... manner, and subject to such terms as to costs, advertisement or otherwise, as the court may ... Costs and security for costs. 39 Costs and security for costs ... ...
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Trade Marks Act 1994
... ... exists that the packaging, labels, tags, security or authenticity features or devices, or any other ... not he was served with notice, and(b) to appeal against any order made, whether or not he ... defendant shall not be made liable for any costs in the action unless he takes part in the ... ...
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Criminal Justice and Courts Act 2015
... ... foster parent,(c) a benefit under social security legislation, or(d) a payment made under ... surcharge) ;(f) making an order as to costs to be paid by the accused to the prosecutor under ... in default on the collection order;(b) an appeal under paragraph 23 against a decision of a fines ... ...
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Civil Procedure Rules - Extracts
... ... 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 ... ...
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II Council of Europe
... ... 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 ... ...
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Family Procedure Rules and Practice Directions (Essential Selections from Parts and PDs)
... ... costs is decided in accordance with Part 47 of the CPR; ... ; (vi) an ordinary judge of the Court of Appeal (including the vice-president, if any, of either ... PART 20 – INTERIM REMEDIES AND SECURITY FOR COSTS ... II SECURITY FOR COSTS ... ...
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NOTES OF CASES
... ... =MyhmLp5l3VzeP6J%2FhH6GaLwjbB8%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 ... ...
- Security For Costs - Chernukhin v Danilina (Court Of Appeal)
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Court of Appeal provides much needed clarity on security for costs
Bestfort Developments LLP & ors v Ras Al Khaimah Investment Authority & ors [2016] EWCA Civ 1099, 8 November 2016 The Court of Appeal has clarified the test to be met in an application for se...
- Security For Costs - Premier Motorauctions V PWC LLP (Court Of Appeal)
- Court Of Appeal Rejects 'Sliding Scale' Approach To Level Of Security For Costs When Real Risk Of Non-Enforcement Established
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Notice of offer to settle (Section 1 - Part 36)
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 ... ...
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Respondent's notice (For use in appeals in the Family Division of the High Court)
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 ... ...
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Respondent's notice (For all appeals except appeals to the Family Division of the High Court)
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 ... ...