Musion Systems Ltd v Activ8-3D Ltd and others [2012] EWPCC 5, [2012] All ER (D) 172 (Jun)
The question of making an order for costs was one for the court’s discretion, and all relevant circumstances fell to be considered. If the court was not in a position to enforce interlocutory costs orders, the force of the sanction would be seriously undermined. Other options apart from the order sought had to be considered. It was always important to have regard to Art 6 of the Convention. Orders requiring payment of costs as a condition of proceeding with litigation were not made in circumstances where to enforce such an order would drive a party from access to justice.
