||All England Reporter
|| All ER (D) 365 (May)
|| EWCA Civ 682
||Court of Appeal, Civil Division
Waller and Kay LJJ
||Leslie Kosmin QC and James Potts (instructed by Eversheds) for the claimants.
||Anthony Connerty (instructed by Magwells) for the defendants.
||1 May 2003
Practice and procedure - Court of Appeal - Jurisdiction - Jurisdiction on application for permission to appeal to make orders for security for costs or impose conditions before application for permission to come on - CPR 2.1 and 3.1.
Although the Civil Procedure Rules were silent as to what should happen where an application for permission had been adjourned to an oral hearing and where the appeal was to follow, by virtue of CPR2.1 which gave the Court of Appeal case management powers provided by CPR3.1(2)(f) and (m), the court had jurisdiction on an application for permission to appeal to make orders effectively for security for costs or that certain costs orders be complied with before the application for permission and possible appeal hearing came on. Moreover, those provisions enabled the court to stay the application for permission until security for costs had been provided and until certain orders for costs had been complied with.
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