Radu v Houston and Another: CA 22 Nov 2006

An order for security for costs had been made against the defamation claimant, supported by an unless order. Security not having been provided, judgment was entered by default.
Held: Where an unless order was made, a generous time should be allowed for compliance. It was not intended as a weapon, and even after judgment by default, if the party complied with the order within a short time thereafter, the court could consider re-opening the case. Each case must be dealt with according to its circumstances. There was no general rule.

Judges:

Waller LJ VP, Keene LJ, Carnwath LJ

Citations:

[2006] EWCA Civ 1575, Times 01-Jan-2007, [2007] 5 Costs LR 671, [2007] CP Rep 11

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedAllen v Bloomsbury Publishing Ltd and Another CA 14-Jul-2011
The claimant appealed against an order requiring him to deposit a substantial sum as security for costs for the bringing of his action for copyright infringement in respect of the Harry Potter series of books.
Held: The appeal failed. The . .
Lists of cited by and citing cases may be incomplete.

Defamation, Litigation Practice

Updated: 08 July 2022; Ref: scu.246347