Source: All England Reporter
Publisher Citation: [2002] All ER (D) 346 (Nov)
Court: Chancery Division

Blackburne J

Representation Peter Ratcliffe (instructed by SJ Cornish) for the appellants.
  Roger Smithers (instructed by Bucklands, Sandhurst) for the respondent.
Judgment Dates: 22 November 2002


Costs - Security for costs - Refusal of application - Exercise of discretion - CPR 25.12, 25.13.

The Case

On an appeal from the dismissal of the appellants' application for an order for security for costs, the court ruled that the decision of the judge was open to review on the grounds that, first, it was not possible to determine the reason for his conclusion and, secondly, the exercise of his discretion was plainly wrong. Having regard to the fact, inter alia, that the respondent in the proceedings was a company incorporated overseas with no address in the United Kingdom and no assets within the jurisdiction, the court would allow the appeal.

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