Allen v Bloomsbury Publishing Ltd & Anor [2011] EWCA Civ 943 (14 July 2011)

Allen v Bloomsbury Publishing Ltd & Anor [2011] EWCA Civ 943 (14 July 2011)

The High Court judge properly exercised his discretion in ordering security for costs against a nominal claimant with weak prospects, lack of candour as to means, and want of good faith. The form and quantum of the order, as well as the costs order, were within the range of reasonable judicial discretion. No error of law or misdirection was established.

Citation
[2011] EWCA Civ 943
Parties
Appellant/claimant: Paul Gregory Allen (acting as trustee in the estate of Adrian Jacobs, deceased); Respondent/defendant: Bloomsbury Publishing Limited; Respondent/defendant: Joanne Kathleen Murray (PKA JK Rowling)
Jurisdiction
England and Wales
Judgment Date
14 July 2011
Procedural Posture
Appeal (civil) / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Security for Costs, Summary Judgment, Copyright Infringement, Costs Orders, Conditional Orders
Civil Procedure Intellectual Property Security for Costs Summary Judgment Copyright Infringement Costs Orders Conditional Orders

Case Brief

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Parties

Paul Gregory Allen (acting as trustee in the estate of Adrian Jacobs, deceased)

Appellant/claimant

Bloomsbury Publishing Limited

Respondent/defendant

Joanne Kathleen Murray (PKA JK Rowling)

Respondent/defendant

Procedural Posture

Appeal (civil) / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the High Court erred in ordering the claimant to pay security for costs as a condition of proceeding with a copyright claim
  2. 2 Whether the order should have been a stay rather than a strike out (unless order)
  3. 3 Whether the costs order was appropriate

Ratio Decidendi

The High Court judge properly exercised his discretion in ordering security for costs against a nominal claimant with weak prospects, lack of candour as to means, and want of good faith. The form and quantum of the order, as well as the costs order, were within the range of reasonable judicial discretion. No error of law or misdirection was established.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the High Court's order for security for costs, including the unless (strike out) sanction and costs in the case, stands.