British Diabetic Association v Diabetic Society; Bennett and Atkin: CA 31 Oct 1996

The plaintiffs sought damages. Alleging passing off by the defendants. An injunction had been granted, and the appellants now sought to appeal release from that injunction. An order for costs estimated at andpound;350,000 had been made.
Held: Leave to appeal would be granted only on the appellants giving security for costs in the sum of andpound;40,000. They were impecunious and should not be denied an opportunity to appeal even though the chances of success on appeal were slim.

Judges:

Lord Justice Phillips

Citations:

[1996] EWCA Civ 839

Jurisdiction:

England and Wales

Charity, Costs, Litigation Practice

Updated: 01 November 2022; Ref: scu.140706