Allen v Bloomsbury Publishing Ltd & Anor

Allen v Bloomsbury Publishing Ltd & Anor

The judge exercised his discretion properly in ordering staged security for costs against a nominal claimant with weak prospects and lack of candour regarding assets; the quantum was not excessive, the unless order was appropriate, and the costs order was within the judge's discretion. No error of law or misdirection occurred.

Parties
Appellant/claimant: Paul Gregory Allen; Respondent/defendant: Bloomsbury Publishing Limited; Respondent/defendant: Joanne Kathleen Murray (JK Rowling)
Jurisdiction
England and Wales
Judgment Date
14 July 2011
Procedural Posture
Civil Appeal / Appeal From High Court Interlocutory Order
Outcome
Appeal dismissed
Legal Topics
Security for Costs, Summary Judgment, Copyright Infringement, Costs Orders
Civil Procedure Intellectual Property Security for Costs Summary Judgment Copyright Infringement Costs Orders

Case Brief

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Parties

Paul Gregory Allen

Appellant/claimant

Bloomsbury Publishing Limited

Respondent/defendant

Joanne Kathleen Murray (JK Rowling)

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Interlocutory Order

Legal Issues

  1. 1 Whether the judge erred in ordering security for costs as a condition for pursuing the claim
  2. 2 Whether the quantum of security ordered was excessive
  3. 3 Whether the unless order with striking out sanction was appropriate

Ratio Decidendi

The judge exercised his discretion properly in ordering staged security for costs against a nominal claimant with weak prospects and lack of candour regarding assets; the quantum was not excessive, the unless order was appropriate, and the costs order was within the judge's discretion. No error of law or misdirection occurred.

Court Disposition

Appeal dismissed

Orders

  • Security for costs order upheld
  • Unless order with striking out sanction upheld