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 amount of the costs likely to be ordered against a claimant if unsuccessful in the litigation’.


Gross J


[2004] EWHC 1102 (Comm)




Civil Procedure Rules 25.13(1)(a) 25.13(2)(a)


England and Wales

Cited by:

CitedAl-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 . .
CitedPrince Radu of Hohenzollern v Houston and Another QBD 7-Mar-2006
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 . .
Lists of cited by and citing cases may be incomplete.

Costs, Civil Procedure Rules

Updated: 10 June 2022; Ref: scu.197077