header-logo header-logo

22 November 2013
Issue: 7585 / Categories: Case law , Law digest , In Court
printer mail-detail

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 security of $30,000 would be made.

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll