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Costs

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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