Somerset-Leeke and Another v Kay Trustees and Another: ChD 1 May 2003

The defendants sought to challenge a refusal of the court to order security for costs to be made by the claimants on the basis that they had hidden assets to protect themselves against costs if the case did not succeed.
Held: The appeal failed. The claimant had merely moved from one country to another, and that was not of itself evidence of an intention to hide assets, and in particular the new country was a country supporting the convention of enforcement of judgements, and the former was not.


Jacob J


[2003] EWHC 1243 (Ch), [2004] 3 All ER 406




England and Wales


CitedNasser v United Bank of Kuwait CA 11-Apr-2001
The claimant, a foreign resident, alleged that her jewels had been stolen from a deposit box while in possession of the defendants. The defendants sought security for costs.
Held: An order for security may not legitimately be based on the bare . .
CitedAines Asset Management v Kazakhstan Investment Fund ChD 2002
The company was incorporated in a non-Convention country, namely the Cayman Islands. It had no assets in the Cayman Islands and all its assets were in Kazakhstan.
Held: Mr Moss rejected a submission that one should look at only the ability to . .
Lists of cited by and citing cases may be incomplete.


Updated: 06 August 2022; Ref: scu.263720