Lord Young said that absolute impecuniosity is never the sole reason for making an order requiring payment of a sum by way of security for the costs on an appeal: ‘The conduct of the cause may be such, or other matters may transpire, which may make such an order necessary, but absolute impecuniosity will never be taken as the sole ground for making a party find caution for expenses.’
Judges:
Lord Young
Citations:
(1881) 8 R 747
Cited by:
Cited – Anderson v Shetland Islands Council and Another SC 29-Feb-2012
The claimant sought leave to appeal. Each party now sought security for costs against the other. Her action related to water damage to her house said to have been caused by road mprovements and building works erected by and with the approval of the . .
Lists of cited by and citing cases may be incomplete.
Scotland, Litigation Practice
Updated: 06 May 2022; Ref: scu.452402