Application for leave to appeal.
Held: Granted: ‘This case raises the question of the principles to be applied when deciding whether to order that an action stand dismissed on the ground of failure to provide security for costs. That question has been considered at first instance in Speed Up Holdings Limited v Gough and Co Ltd (1986) Fleet Street Reports 330 but does not appear to have been considered by the Court of Appeal. It seems to us that the factors which may be relevant include (i) whether the limitation period has expired or when it is due to expire, (ii) the apparent merits of the claim, and (iii) whether it is demonstrated that there are, or conversely that there are not, potential sources from which that security may be provided.’
Citations:
[1997] EWCA Civ 816
Jurisdiction:
England and Wales
Litigation Practice
Updated: 05 November 2022; Ref: scu.141212