Kuenyehia & Ors v International Hospitals Group Ltd [2007] EWCA Civ 274 (27 February 2007)

Kuenyehia & Ors v International Hospitals Group Ltd [2007] EWCA Civ 274 (27 February 2007)

Claimants failed to provide credible or intelligible evidence of impecuniosity; they produced substantial sums when ordered; no factual basis for claim that security would stifle proceedings; court exercised discretion afresh and ordered security.

Citation
[2007] EWCA Civ 274
Parties
Claimant / Respondent: Kuenyehia & Ors; Defendant / Appellant: International Hospitals Group Limited
Jurisdiction
England and Wales
Judgment Date
27 February 2007
Procedural Posture
Appeal From High Court (queen's Bench Division) / Appeal Judgment on Security for Costs Application
Outcome
Application allowed; security for costs ordered.
Legal Topics
Security for Costs, Impecuniosity, Conditional Fee Agreements
Civil Procedure Security for Costs Impecuniosity Conditional Fee Agreements

Case Brief

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Parties

Kuenyehia & Ors

Claimant / Respondent

International Hospitals Group Limited

Defendant / Appellant

Procedural Posture

Appeal From High Court (queen's Bench Division) / Appeal Judgment on Security for Costs Application

Legal Issues

  1. 1 Whether a substantial order for security for costs would stifle the claim
  2. 2 Whether claimants provided credible evidence of impecuniosity
  3. 3 Appropriate quantum of security for costs

Ratio Decidendi

Claimants failed to provide credible or intelligible evidence of impecuniosity; they produced substantial sums when ordered; no factual basis for claim that security would stifle proceedings; court exercised discretion afresh and ordered security.

Court Disposition

Application allowed; security for costs ordered.

Orders

  • Claimants to provide £100,000 security for costs by 25 March 2007.
  • Further argument on method of payment to be heard after judgment.