|| All ER (D) 325 (Jun)
||Queen's Bench Division
Judge Shaun Spencer QC sitting as a judge of the High Court
||Nigel Jacobs (instructed by Byrt & Co) for the claimants.
||Angharad Start (instructed by Martineau Johnson) for the defendant.
||25 June 2003
Companies - Security for costs - Order against company - Jurisdiction of court to require security in respect of a claimant company - Defendant company pleading counterclaim and set off - Appropriateness of requiring security - s 726.
In the circumstances, since the defendant company's counterclaim did not go beyond its pleaded set off, which was to be regarded as a defence, it was not appropriate to require the defendant to provide security for costs pursuant to s726 of the Companies Act1985.
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