Al-Koronky & Anor v Time-Life Entertainment Group Ltd & Anor

Al-Koronky & Anor v Time-Life Entertainment Group Ltd & Anor

The High Court judge did not err in law or principle in ordering security for costs, in refusing to admit new evidence, or in finding that enforcement in Sudan was impractical. The claimants failed to provide a full and candid account of their means, and the amount set was within the judge's discretion. The appeal is dismissed.

Parties
Claimants/appellants: Al-Koronky & Anor; Defendants/respondents: Time-Life Entertainment Group Limited & Anor
Jurisdiction
England and Wales
Judgment Date
28 July 2006
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Security for Costs
Outcome
Appeal dismissed
Legal Topics
Security for Costs, Enforcement of Foreign Judgments, Conditional Fee Agreements, Access to Justice, Comity
Civil Procedure Defamation Security for Costs Enforcement of Foreign Judgments Conditional Fee Agreements Access to Justice Comity

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Parties

Al-Koronky & Anor

Claimants/appellants

Time-Life Entertainment Group Limited & Anor

Defendants/respondents

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Security for Costs

Legal Issues

  1. 1 Whether the High Court erred in ordering security for costs against foreign claimants
  2. 2 Whether new evidence should be admitted on appeal
  3. 3 Whether enforcement of a costs order in Sudan is practicable

Ratio Decidendi

The High Court judge did not err in law or principle in ordering security for costs, in refusing to admit new evidence, or in finding that enforcement in Sudan was impractical. The claimants failed to provide a full and candid account of their means, and the amount set was within the judge's discretion. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Security for costs in the sum of £375,000 to be provided by the claimants
  • Action stayed until security is provided