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24 July 2013
Issue: 7570 / Categories: Case law , Law digest , In Court
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Costs

Northampton Regional Livestock Centre Company v Cowling and another [2013] EWHC 1720 (QB), [2013] All ER (D) 168 (Jul)

It was settled law that, in considering whether an application for security was being used oppressively to stifle a genuine claim, the court had to be satisfied that, in all the circumstances, it was probable that the claim would be stifled. The court should consider, not only whether a claimant company could provide security out of its own resources to continue the litigation, but also whether it could raise the amount needed from outside sources, from, for example: directors, shareholders, or other backers or interested persons, including creditors. In all but the most unusual cases, the burden would lie on the claimant company to show that, apart from the question as to whether the company's own means were sufficient to meet an order for security, there would be no prospect of funds being available and forthcoming from any outside source.

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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