Radu v Houston & Anor [2006] EWCA Civ 1700 (30 October 2006)

Radu v Houston & Anor [2006] EWCA Civ 1700 (30 October 2006)

Appellants must pay costs of the hearing before Master Turner as they ultimately had to provide security; respondents must pay costs of the appeal as their conduct necessitated it; costs before Eady J are split, with appellants receiving half, reflecting partial success and fairness in light of offers made.

Citation
[2006] EWCA Civ 1700
Parties
Claimant/appellant: Radu; Defendant/respondent: Houston & Anr
Jurisdiction
England and Wales
Judgment Date
30 October 2006
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Costs, Security for Costs, Default Judgment, Appeals
Civil Procedure Costs Security for Costs Default Judgment Appeals

Case Brief

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Parties

Radu

Claimant/appellant

Houston & Anr

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Entitlement to costs at various stages of proceedings
  2. 2 Appropriateness of security for costs
  3. 3 Setting aside default judgment

Ratio Decidendi

Appellants must pay costs of the hearing before Master Turner as they ultimately had to provide security; respondents must pay costs of the appeal as their conduct necessitated it; costs before Eady J are split, with appellants receiving half, reflecting partial success and fairness in light of offers made.

Court Disposition

Appeal allowed

Orders

  • Appellants to pay costs of hearing before Master Turner
  • Respondents to pay costs of the appeal