The respondent to the appeal had obtained an asset freezing order after the judgment subject to the appeal. On the appeal, the appellant itself sought a cross undertaking for costs.
Held: Although the normal practice was not to make such an order, in this case the leave to appeal had been against the substance of the underlying finding, and the point at issue was difficult. If he succeeded on the appeal, he would have no security for the costs incurred. An undertaking was properly required
Judges:
Rimer J
Citations:
Times 28-Feb-2002
Jurisdiction:
England and Wales
Litigation Practice, Costs
Updated: 28 April 2022; Ref: scu.167667
