| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 252 (Nov) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Ward, Jonathan Parker and Longmore LJJ |
| Representation | Harold Burnett QC (instructed by Bracher Rawlins) for the appellant. |
| Roger ter Haar QC and Stuart Catchpole (instructed by Davies Arnold Cooper) for the respondent. | |
| Judgment Dates: | 16 November 2001 |
Catchwords
Costs - Security for costs - Company - Limited company as claimant - Company likely to be unable to pay costs of defendant if successful in his defence - Company offering security by way of second charge on property - Company further offering to pay money into court on receipt of irrevocable letters of credit - Company having other creditors - Judge deciding neither offer satisfying order for security for costs - Whether judge correct.
The Case
Unless a good reason could be provided for why a bank would not lend money on a charge on a claimant's property there was no reason why a defendant should accept a charge on that property as security for costs.
Practice Areas
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