The claimant appealed against an order requiring him to deposit a substantial sum as security for costs for the bringing of his action for copyright infringement in respect of the Harry Potter series of books.
Held: The appeal failed. The judge’s summary of the applicable law was not criticised, and ‘as so often, there was undoubtedly a range of orders that a judge could legitimately have made in the exercise of the discretion in accordance with the rules. However, it seems to me that the judge was in a far better position than we can be to assess the significance and relevance of the various factors. It does not seem to me that he brought into account any irrelevant matter nor that it would be open and proper for us to question his assessment of the significance of the various factors to which he did refer. Accordingly it seems to me that the judge’s order was well within the range of orders that a judge could come to.’
Rix, Lloyd, Sullivan LJJ
[2011] EWCA Civ 943
Bailii
Civil Procedure Rules 3
England and Wales
Citing:
Cited – Olakunle O Olatawura v Alexander O Abiloye CA 17-Jul-2002
The claimant challenged an order requiring him to give security for costs before proceeding. The judge had felt he was unreasonable in the way he was pursuing his claim. He appealed saying the order was made outside the scope of Part 25.
Held: . .
Appeal from – Allen v Bloomsbury Publishing Plc and Another ChD 18-Mar-2011
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.
See Also – Allen v Bloomsbury Publishing Plc and Another ChD 14-Oct-2010
The claimant sought damages alleging breach of copyright by the defendant author saying she had copied large parts of the claimant’s work in her book ‘Harry Potter and the Goblet of Fire’. The defendant now sought summary judgment, saying the action . .
Cited – Huscroft v P and O Ferries Ltd CA 21-Dec-2010
Second appeal against order requiring sum for security for costs to be paid into court and in default for the claim to be struck out.
Held: The Court considered its jurisdiction to make an order for security for costs under rule 3.1 and, . .
Cited – Nasser v United Bank of Kuwait CA 11-Apr-2001
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 . .
Cited – Radu v Houston and Another CA 22-Nov-2006
An order for security for costs had been made against the defamation claimant, supported by an unless order. Security not having been provided, judgment was entered by default.
Held: Where an unless order was made, a generous time should be . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 September 2021; Ref: scu.443228
