Original language
English
Country
United Kingdom
Date of text
Status
Unknown
Type of court
Others
Sources
Court name
Supreme Court of Judicature Court of Appeal
Seat of court
London
Reference number
[1997] EWCA Civ 816
Files
Justice(s)
Phillips
Mummery.
Abstract
This case raises the question of the principles to be applied when deciding whether to order that an action stand dismissed on the ground of failure to provide security for costs. The factors which the Court considers could be relevant include (i) whether the limitation period has expired or when it is due to expire, (ii) the apparent merits of the claim, and (iii) whether it is demonstrated that there are, or conversely that there are not, potential sources from which that security may be provided. These are matters which merit consideration by the Court of Appeal and accordingly the application for leave to appeal was granted.