The claimant, a burglar, was injured by the respondent in the course of burgling the defendant’s home. His claim had been dismissed in all but a small part. The defendant farmer wanted to appeal. The claimant sought security for his costs.
Held: The onus of proof was on the person seeking security to show that the defendant could not afford the costs of the appeal. No such proof was forthcoming, and the application was rejected.
Citations:
[1998] EWCA Civ 264
Jurisdiction:
England and Wales
Citing:
Full Appeal – Phillips v Wiles CA 2-Jun-1998
The claimant was a burglar. The defendant appealed an award of damages for having assulted the claimant in the course of the burglary. The claimant had suffered injury to his face from being kicked by the defendant after the defendant had tied him . .
Cited by:
Application for security for costs – Phillips v Wiles CA 2-Jun-1998
The claimant was a burglar. The defendant appealed an award of damages for having assulted the claimant in the course of the burglary. The claimant had suffered injury to his face from being kicked by the defendant after the defendant had tied him . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 14 November 2022; Ref: scu.143742