Bell Electric Ltd v Aweco Appliance Systems Gmbh and Co Kg (1501): CA 31 Oct 2002

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:

Bailii

Statutes:

Civil Procedure Rules 52.9

Jurisdiction:

England and Wales

Citing:

See AlsoBell Electric Ltd v Aweco Appliance Systems Gmbh and Co Kg (1589) CA 31-Oct-2002
. .
Lists of cited by and citing cases may be incomplete.

Costs, Civil Procedure Rules

Updated: 23 October 2022; Ref: scu.178085