The claimant resided in Romania, and sought damages for libel. The magazine had obtained an order for security for costs. An offer had been made to cover the sum ordered, and no stifling could now happen.
Held: Any order for security costs in such a situation should be limited to a sum to represent the additional cost which will be incurred in the process of enforcement. Romania’s accession to the European Union, which would ease collection of any award, was not yet concluded. The proper level of security to be requested was andpound;80,000.
Judges:
Eady J
Citations:
[2006] EWHC 231 (QB)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – M V Yorke Motors v Edwards HL 1982
A sale of a second hand Rolls Royce had gone wrong. The plaintiff was claiming damages of 23,250 pounds. The plaintiff sought Order 14 summary judgment. That was refused, and the Master gave leave to defend without any conditions. The plaintiff . .
Cited – Nasser v United Bank of Kuwait CA 21-Dec-2001
The claimant appealed against a decision to strike out her claim for want of prosecution, and a failure to pay a sum ordered as security for costs. She had put jewelry with the defendants for safe keeping, and alleged it had been stolen. The lock on . .
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 . .
Cited – Texuna International Ltd v Cairn Energy Plc ComC 17-May-2004
Where the court concludes that it may be effectively impossible to enforce an order for payment of costs, then this situation would provide ‘an objective justification for the court exercising its discretion to make an order for payment of the full . .
Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Cited – Hammond Suddard, Solicitors v Agrichem International Holdings Limited CA 18-Dec-2001
The appellant sought staying the order for him to pay costs pending the results of an appeal, and the respondent sought security for costs in fighting the appeal, and a striking out in default of payment, and for security for payment of the . .
Cited – Contract Facilities Ltd v Estate of Rees(dec’d) and others CA 23-Jul-2003
Where a stay is sought, all the circumstances must be considered. The court must consider whether the appeal would be stifled. One must not only look at the means of the appellant himself but also consider whether the money could be raised from . .
Cited by:
Appeal from – Radu, Prince of Hohenzollern v Houston and Another CA 27-Jul-2006
. .
See Also – Prince Radu of Hohenzollern v Houston and Another QBD 12-Oct-2007
. .
See Also – Prince Radu of Hohenzollern v Houston and Another QBD 23-Nov-2007
. .
See Also – Prince Radu of Hohenzollern v Houston and Another CA 15-Jul-2008
The defendant appealed from a decision that the occasion of publication was not privileged. He sought Reynolds protection.
Held: Appeal dismissed. . .
See Also – Prince Radu of Hohenzollern v Houston and Another (No 4) QBD 4-Mar-2009
Orders were sought to strike out part of the defendants defence of justification to an allegation of defamation.
Held: Where there remains the possibility of a jury trial, it becomes especially important to identify the issues the jurors are . .
Lists of cited by and citing cases may be incomplete.
Defamation, Litigation Practice
Updated: 21 May 2022; Ref: scu.238934
