| Publisher Citation: | [2003] All ER (D) 325 (Jun) |
| Court: | Queen's Bench Division |
| Judge: | Judge Shaun Spencer QC sitting as a judge of the High Court |
| Representation | Nigel Jacobs (instructed by Byrt & Co) for the claimants. |
| Angharad Start (instructed by Martineau Johnson) for the defendant. | |
| Judgment Dates: | 25 June 2003 |
Catchwords
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.
The Case
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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