K Ltd. v National Westminster Bank Plc & Anor [2006] EWCA Civ 1185 (22 May 2006)

K Ltd. v National Westminster Bank Plc & Anor [2006] EWCA Civ 1185 (22 May 2006)

The application for security for costs is refused because the evidence does not fully satisfy the court that the appellant would be unable to pay the respondent's costs, and, in any event, the justice of the case and the public interest in resolving the legal issues outweigh the respondent's concerns.

Citation
[2006] EWCA Civ 1185
Parties
Claimant/appellant: K Limited; Defendant/respondent: National Westminster Bank PLC; Intervener: Customs and Excise
Jurisdiction
England and Wales
Judgment Date
22 May 2006
Procedural Posture
Civil Appeal / Application for Security for Costs Pending Appeal
Outcome
Application for security for costs refused
Legal Topics
Security for Costs, Proceeds of Crime Act, Bank Customer Relationship, Impecuniosity, Public Interest
Civil Procedure Banking Law Financial Crime Security for Costs Proceeds of Crime Act Bank Customer Relationship Impecuniosity Public Interest

Case Brief

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Parties

K Limited

Claimant/appellant

National Westminster Bank PLC

Defendant/respondent

Customs and Excise

Intervener

Procedural Posture

Civil Appeal / Application for Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether security for costs should be ordered against the appellant under CPR 3.1(5) or CPR 25.15/25.13
  2. 2 Whether the appellant company is unable to pay the respondent's costs if ordered to do so
  3. 3 Whether the timing and conduct of the application affects the exercise of discretion

Ratio Decidendi

The application for security for costs is refused because the evidence does not fully satisfy the court that the appellant would be unable to pay the respondent's costs, and, in any event, the justice of the case and the public interest in resolving the legal issues outweigh the respondent's concerns.

Court Disposition

Application for security for costs refused

Orders

  • Application refused