In an action of trespass, the question arose whether the action should be stayed until a non-party provided security for costs. Tindal CJ said: ‘The real question is, whether this is the action of the plaintiff, or substantially the action of Mr Wood [the non-party]. If it were an action which the plaintiff would not have brought but for the instigation and countenance of Wood, the case would fall within the principle of Tenant v Brown (1826) 5 B and C 208, and another case in the Court of King’s Bench, where a master was compelled to pay costs for his servant, whom he had put forward as a defendant instead of himself.’
Judges:
Tindal Cj
Citations:
[1839] EngR 669, (1839) 5 Bing NC 466, (1839) 132 ER 1179
Links:
Jurisdiction:
England and Wales
Costs
Updated: 11 May 2022; Ref: scu.311201