Judges: Mr Justice Fancourt Citations: [2020] EWHC 3934 (Ch) Links: Bailii Statutes: Civil Procedure Rules 25.13, Companies Act 2006 996 Jurisdiction: England and Wales Costs, Company Updated: 12 November 2022; Ref: scu.682729
Application for further security for costs. Judges: Christopher Clarke J Citations: [2005] EWHC 2309 (Comm) Links: Bailii Statutes: Civil Procedure Rules 25.13.2(a) 25.13.2(g) Civil Procedure Rules Updated: 09 November 2022; Ref: scu.467277
The appellant sought staying the order for him to pay costs pending the results of an appeal, and the respondent sought security for costs in fighting the appeal, and a striking out in default of payment, and for security for payment of the judgement debt. The applicant company is a limited liability company registered in … Continue reading Hammond Suddard, Solicitors v Agrichem International Holdings Limited: CA 18 Dec 2001
Defendant’s application for security for costs Judges: Moulder J Citations: [2019] EWHC 325 (Comm) Links: Bailii Statutes: Civil Procedure Rules 25.12 Jurisdiction: England and Wales Costs Updated: 23 August 2022; Ref: scu.634043
Judges: The Hon Mr Justice Lightman Citations: [2003] EWHC 103 (Ch) Links: Bailii Statutes: Civil Procedure Rules 25.1(1)(l) Jurisdiction: England and Wales Civil Procedure Rules Updated: 04 July 2022; Ref: scu.179020
The claimant sought his profit share from a partnership. The defendant complained that the claimant had for some time put his assets beyond reach, and obtained an order for security for costs. The claimant now appealed. Held: The appeal failed. It was not necessary for a defendant in such an action to show that the … Continue reading Harris v Wallis: ChD 10 Mar 2006
The claimant, a foreign resident, alleged that her jewels had been stolen from a deposit box while in possession of the defendants. The defendants sought security for costs. Held: An order for security may not legitimately be based on the bare fact of residence abroad, which would amount in most cases to discrimination on grounds … Continue reading Nasser v United Bank of Kuwait: CA 11 Apr 2001
Where the court concludes that it may be effectively impossible to enforce an order for payment of costs, then this situation would provide ‘an objective justification for the court exercising its discretion to make an order for payment of the full amount of the costs likely to be ordered against a claimant if unsuccessful in … Continue reading Texuna International Ltd v Cairn Energy Plc: ComC 17 May 2004
The company sought repayment of some 8 million pounds overpaid VAT from the Commissioners. That claim was yet to be determined, but the company sough an order for interim payments, on the basis that it could repay if necessary. Held: Whilst such an order might be made, it would require exceptional circumstances. The claim was … Continue reading Capital One Developments Ltd v Commissioners of Customs and Excise: ChD 4 Feb 2002
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006
Claimant may be ordered to disclose funder The claimant alleged the misselling of interest rate sawp agreements by the defendant to his companies, leading to losses of andpound;700 million. The defendant now applied for disclosure of the identity of any third party funding the claimant’s litigation, and if appropriate the associated costs order. Held: RBS … Continue reading Wall v The Royal Bank of Scotland Plc: ComC 7 Oct 2016
The claimant alleged a breach of a share sale agreement, and sought information in advance of discovery. Held: The court’s power to order information to be provided in anticipation of discovery was not to be used as a fishing expedition. The Gidrxsime case did not establish a free standing right to order disclosure. There must … Continue reading Parker v C S Structured Credit Fund Ltd and another: ChD 12 Feb 2003
The defendant appealed against an order that it provide security for the claimant’s costs which led to the stay of the defendant’s counterclaim. Morgan J [2013] EWHC 686 (Ch) Bailii Civil Procedure Rules 25.12 20.3 England and Wales Litigation Practice Updated: 20 January 2022; Ref: scu.472044
Application by the claimant for an order that the court makes a search, electronic imaging and provision of information order against the defendants, pursuant to section 7 of the Civil Procedure Act 1997, CPR 25.1 (1)(h) and/or section 37 of the . .
Further applications in defendant’s application for summary judgment and or security for costs in the claimant’s claim alleging copyright infringement. Held: The claimant was ordered to pay a sum of andpound;50,000 as security for costs.Kitchin J summarised the principles: ‘(i) the court has jurisdiction under rule 24.6 to make an order which is tantamount to … Continue reading Allen v Bloomsbury Publishing Plc and Another: ChD 18 Mar 2011
