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:
Jurisdiction:
England and Wales
Cited by:
Cited – Allen 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