In a partnership dispute the defendants sought an order for security for costs against the claimant, saying that he was ordinarily resident abroad. It was held that under the new regime such an order would not follow as a matter of course. The sole test was what was the just in the particular case. The existence of assets within the jurisdiction was relevant, and in this case the claimant had lived for a long time here, and had substantial assets here, and such an order was unnecessary.
Citations:
Gazette 16-Mar-2000, Times 23-Mar-2000
Jurisdiction:
England and Wales
Costs, Litigation Practice
Updated: 04 June 2022; Ref: scu.83057