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Costs

24 July 2013
Issue: 7570 / Categories: Case law , Law digest , In Court
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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