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22 November 2013
Issue: 7585 / Categories: Case law , Law digest , In Court
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Costs

Cody v Murray and others [2013] EWHC 3448 (Ch), [2013] All ER (D) 217 (Nov)

It was settled law that the mere fact of foreign residence was insufficient to justify the exercise of the power conferred by the CPR. If the discretion to order security was to be exercised, it should be on objectively justified grounds relating to obstacles to or the burden of enforcement in the context of the particular foreign claimant or country concerned. The justification for the discretion under CPR 25.13(2)(a) and (b) and 25.15(1) in relation to individuals and companies ordinarily resident abroad was that in some cases there were likely to be substantial obstacles to or a substantial extra burden in enforcing an English judgment, significantly greater than there would be as regards a party resident in England or in a Brussels or Lugano state. Applying settled law to the circumstances, the court was not satisfied that the claimant would be unable to find US$30,000 and, in consequence, be prevented from prosecuting that claim further. Accordingly, an order for the claimant to provide

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MOVERS & SHAKERS

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

NEWS
A time-restricted bank tax, a ‘roadmap to fiscal devolution’, extension to parental leave, entrepreneur’s relief and a giveaway on energy bills for households are the headlines in Chancellor of the Exchequer John Healey’s 2026 Autumn Budget
A Court of Appeal judge has lamented the ‘very concerning’ state of the law on employee inventor compensation after a chemist’s case took five-and-a-half years to reach court, eventually being listed for a 37-day trial next year
The Law Society has emphasised that responsibility remains human, in a practice note on artificial intelligence (AI)
Respect orders, which enable police, councils, housing associations, transport networks and other authorities to take enforcement action against anti-social behaviour, have come into force across England and Wales
The Land Registry has launched two consultations aimed at making its information more publicly accessible, ‘Restructuring HM Land Registry fees’, and ‘Future of access to HM Land Registry information’
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