Acts
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The defendant had obtained an order or additional security for costs against the defendant company (registered with andpound;100 share capital) under the section. It appealed. There was evidence to suggest some fraud by the plaintiff, but also that there was a genuine claim. The court had a difficult balance to draw between stifling a proper … Continue reading Danemark Limited v BAA Plc: CA 16 Oct 1995
Citations: [1996] EWCA Civ 1243 Statutes: Companies Act 1985 726 Jurisdiction: England and Wales Company Updated: 04 November 2022; Ref: scu.141111
It was no prejudice against a foreign company to require costs security on the same basis as a local company. Citations: Times 18-Jun-1996 Statutes: Companies Act 1985 726 Jurisdiction: England and Wales Litigation Practice Updated: 31 October 2022; Ref: scu.79017
Application for security for costs – appropriate level. Judges: Coulson J Citations: [2008] EWHC 413 (TCC) Links: Bailii Statutes: Companies Act 1985 726(1) Jurisdiction: England and Wales Costs, Company Updated: 14 July 2022; Ref: scu.266112
The defendant appealed an order requiring it to give security for costs under s726. Held: There were clear reasons for doubting the amounts sought by the plaintiffs, but some sum was properly required, and a lower sum was substituted. Judges: Lord Justice Leggatt, Lord Justice Morritt, Lord Justice Brooke Citations: [1997] EWCA Civ 2141 Statutes: … Continue reading Hi-Tek Bags Limited v Sun 99 Limited and Another: CA 18 Jul 1997
The plaintiff had obtained a Mareva injunction, later discharged by agreement. The defendant sought an inquiry as to damages on the cross-undertaking given when the injunction was granted, alleging that it had suffered substantial loss. The hearing of that application was expected to last some 5 days and the plaintiff applied under s726 for an … Continue reading C T Bowring and Co (Insurance) Ltd v Corsi and Partners Ltd: CA 28 Jun 1994
It is permissible for a court to order security for costs to be paid against a plaintiff limited company incorporated out of the jurisdiction, provided it appeared just to do so. There is no need to satisfy the apparent requirements of the Companies Acts. Residence in the Channel Islands or the Isle of Man will … Continue reading Greenwich Ltd v National Westminster Bank Plc and Others: ChD 13 Apr 1999
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him. Held: The question amounted to asking whether the coroner’s decision on the resumption should have been affected … Continue reading Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .