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
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 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
