Vedatech Corporation v Seagate Software Information Management Group Ltd [2001] EWCA Civ 1397 (27 July 2001)

Vedatech Corporation v Seagate Software Information Management Group Ltd [2001] EWCA Civ 1397 (27 July 2001)

Permission to appeal is refused regarding the first two orders for security for costs (£58,000 and £60,000) as no important point of principle or compelling reason is identified; however, the application for permission to appeal against the order for payment of £141,750 is stood over to be heard on notice, as there is arguable merit in the applicant's points and the respondent should be heard.

Citation
[2001] EWCA Civ 1397
Parties
Claimant/applicant: Vedatech Corporation; Defendant/respondent: Seagate Software Information Management Group Ltd
Jurisdiction
England and Wales
Judgment Date
27 July 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal From Chancery Division Order
Outcome
Application for permission to appeal refused in part, stood over in part; stay of certain payments granted.
Legal Topics
Security for Costs, Permission to Appeal, Stay of Execution, Case Management
Civil Procedure Security for Costs Permission to Appeal Stay of Execution Case Management

Case Brief

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Parties

Vedatech Corporation

Claimant/applicant

Seagate Software Information Management Group Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal From Chancery Division Order

Legal Issues

  1. 1 Whether permission to appeal should be granted against orders for security for costs and related payments
  2. 2 Whether a stay of execution should be granted pending appeal
  3. 3 Whether the judge erred in assessing the amount and necessity of security for costs

Ratio Decidendi

Permission to appeal is refused regarding the first two orders for security for costs (£58,000 and £60,000) as no important point of principle or compelling reason is identified; however, the application for permission to appeal against the order for payment of £141,750 is stood over to be heard on notice, as there is arguable merit in the applicant's points and the respondent should be heard.

Court Disposition

Application for permission to appeal refused in part, stood over in part; stay of certain payments granted.

Orders

  • Application for permission to appeal against paragraphs 16 and 13 of the order is dismissed.
  • Application for permission to appeal against paragraph 14 is stood over to be listed on notice with the application for a stay.