header-logo header-logo

24 July 2013
Issue: 7570 / Categories: Case law , Law digest , In Court
printer mail-detail

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.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll