Nasser v United Bank of Kuwait
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE MANCE,LORD JUSTICE SIMON BROWN,Sir Christopher Slade,Lord Justice Henry |
| Judgment Date | 21 December 2001 |
| Neutral Citation | [2001] EWCA Civ 1454,[2001] EWCA Civ 556 |
| Docket Number | Case No: A2/2000/6479 FC2,Case No: A2/2000/0480 |
| Court | Court of Appeal (Civil Division) |
| Date | 21 December 2001 |
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171 cases
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Ionna Lambrou Christofi v National Bank of Greece (Cyprus) Ltd
...shall be secured without discrimination on any ground such as …..national…origin….” As explained by Mance LJ (as he then was) in Nasser v United Bank of Kuwait [2001] EWCA Civ 556; [2002] 1 WLR 1868, at [48 a], Art. 14, with reference to a proposition accepted by the Court: “Article 14 ap......
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Texuna International Ltd v Cairn Energy Plc
...shown that the Claimant would be unable to pay the Defendant's costs; iii) As a matter of discretion, relying, inter alia, on Nasser v United Bank of Kuwait [2001] EWCA Civ 556 [2002] 1 WLR 1868 (CA), no such order should be made; iv) If any order was to be made it should be in a minima......
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W&W Spices Grenada Ltd Claimant v Grenada Nutmeg Products LLC Defendant [ECSC]
...costs. It is submitted that the better view, which is consistent with the CPR being a new procedural code, is that stated in Nasser v United Bank of Kuwait [2001] EWCA civ 556 , [2002] 1 WLR 1868, which is that the substantial body of pre CPR case law on the subject is consigned to hist......
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De Beer v Kanaar & Company
... ... Notwithstanding that Mr de Beer is ordinarily resident in the United States, the judge concluded that there was no jurisdiction to order ... million which were purportedly being issued [by] a self-styled Polish bank, Banque pour le Developement du Commerce ('Decobank'). However, the ... ] EWCA CIV 377 , and the decision of the Court of Appeal in Amy Nasser v. United Bank of Kuwait (unreported, judgment delivered 11 April 2001) ... ...
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9 firm's commentaries
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Court Of Appeal Rejects 'Sliding Scale' Approach To Level Of Security For Costs When Real Risk Of Non-Enforcement Established
...at this conclusion Hamblen LJ considered three Court of Appeal cases relating to CPR 25.13(2)(a): Nasser v United Bank of Kuwait [2002] 1 WLR 1868, De Beer v Kanaar & Co [2003] 1 WLR 38 and Bestfort Developments LLP v Ras Al Khaimah Investment Authority [2016] EWCA Civ 1099. The guidanc......
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High Court Provides Guidance On Ordering Security For Costs Against A Non-Resident Claimant
...to order security is the non-discrimination principles originally set out by the Court of Appeal in Nasser v United Bank of Kuwait [2002] 1 WLR 1868 ... [that] the Court must not act in a discriminatory manner towards a non'resident unless there are 'objectively justified grounds relating t......
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Recent Developments - Security For Costs
...discrimination on grounds of national origin unless the making of the order is objectively justified [Nasser v United Bank of Kuwait [2001] EWCA Civ 556]. However, "the test of real risk of enforceability provides rational and objective justification for discrimination against non-Conventio......
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High Court Finds Onus On Non-resident Respondent To Application For Security For Costs To Provide Evidence Of Location, Nature And Value Of Assets
...the ECHR. This is sometimes referred to as the Nasser condition after the Court of Appeal's decision in Nasser v United Bank of Kuwait [2002] 1 WLR 1868. There must be "objectively justified grounds" for exercise of discretion, ie a real risk of substantial obstacles to enforcement or of an......
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