The respondent sought to appeal. The claimant requested the court to order that as a pre-condition of being allowed to appeal, the respondent should pay into court, or give adequate security for, the costs awarded at first instance, even though there was no evidence that a vigorously followed enforcement would not succeed if the appeal failed.
Held: There was no reason in principle to say the court had no jurisdiction to make such an order in appropriate circumstances, such as the respondent being already in breach, the refusal of a stay, or that the failure to pay was based upon a cynical taking advantage of court rules.
Judges:
Potter, Carnwath LJJ
Citations:
Times 20-Nov-2002, [2002] EWCA Civ 1501, [2003] 1 All ER 344
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
See Also – Bell Electric Ltd v Aweco Appliance Systems Gmbh and Co Kg (1589) CA 31-Oct-2002
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Lists of cited by and citing cases may be incomplete.
Costs, Civil Procedure Rules
Updated: 23 October 2022; Ref: scu.178085