Radu, Prince of Hohenzollern v Houston & Anor

Radu, Prince of Hohenzollern v Houston & Anor

Security for costs was appropriate and agreed; the conditions application was not pursued and its costs should be borne by the defendants. The court ordered leave to pay in £100,000 as security, costs of both applications to be paid by the defendants to the claimant, subject to assessment, with no payment on account but half the costs of the day's hearing to the claimant.

Parties
Claimant/respondent: Prince Radu of Hohenzollern; Defendants/appellants: Houston & Anr
Jurisdiction
England and Wales
Judgment Date
27 July 2006
Procedural Posture
Civil Appeal / Application for Security for Costs and Conditions Pending Appeal
Outcome
Application for security for costs granted; conditions application not pursued; costs orders made as specified.
Legal Topics
Security for Costs, Conditions of Appeal, Costs Orders
Civil Procedure Defamation Security for Costs Conditions of Appeal Costs Orders

Case Brief

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Parties

Prince Radu of Hohenzollern

Claimant/respondent

Houston & Anr

Defendants/appellants

Procedural Posture

Civil Appeal / Application for Security for Costs and Conditions Pending Appeal

Legal Issues

  1. 1 Whether security for costs should be ordered for the appeal
  2. 2 Whether a condition requiring payment into court as a condition of appeal should be imposed
  3. 3 How costs of the applications should be allocated

Ratio Decidendi

Security for costs was appropriate and agreed; the conditions application was not pursued and its costs should be borne by the defendants. The court ordered leave to pay in £100,000 as security, costs of both applications to be paid by the defendants to the claimant, subject to assessment, with no payment on account but half the costs of the day's hearing to the claimant.

Court Disposition

Application for security for costs granted; conditions application not pursued; costs orders made as specified.

Orders

  • Leave to pay in £100,000 as security for costs.
  • Costs of the security application to be paid by the defendants to the claimant, subject to assessment if not agreed.