The failure to serve witness statements in time could be used disallow additional evidence to be served only in extreme circumstances. Such a failure can be marked in costs. An order to a party to make a payment into court should be used only in the case of repeated infringements of the rules.
Times 06-Jul-1999,  STC 711
Approved – Olakunle O Olatawura v Alexander O Abiloye CA 17-Jul-2002
The claimant challenged an order requiring him to give security for costs before proceeding. The judge had felt he was unreasonable in the way he was pursuing his claim. He appealed saying the order was made outside the scope of Part 25.
Held: . .
Cited – Al-Koronky and Another v Time Life Entertainment Group Ltd and Another QBD 29-Jul-2005
The defendant to the defamation claim sought security for costs. There had been allegations of dishonesty on either side.
Held: The court should not, upon such an application, enter into the merits of the case in any detail, save in the . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.83590