Antonelli v Allen & Anor [2001] EWCA Civ 1563 (16 October 2001)

Antonelli v Allen & Anor [2001] EWCA Civ 1563 (16 October 2001)

Security for costs was appropriate as the appellant was resident outside the jurisdiction (now in the United States), there was no reciprocal enforcement arrangement, and there was unrebutted evidence suggesting steps had been taken to put assets beyond reach of creditors. The sum of £10,000 was not excessive in the circumstances.

Citation
[2001] EWCA Civ 1563
Parties
Appellant/respondent: Farzani Antonelli; Respondent/applicant: Harvey Michael Allen; Respondent/applicant: Jonathan Barry Kandler
Jurisdiction
England and Wales
Judgment Date
16 October 2001
Procedural Posture
Appeal (application for Security for Costs) / Interlocutory Application Before Appeal Hearing
Outcome
Application for security for costs granted.
Legal Topics
Security for Costs, Enforcement of Judgments, Jurisdiction, Appeals
Civil Procedure Security for Costs Enforcement of Judgments Jurisdiction Appeals

Case Brief

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Parties

Farzani Antonelli

Appellant/respondent

Harvey Michael Allen

Respondent/applicant

Jonathan Barry Kandler

Respondent/applicant

Procedural Posture

Appeal (application for Security for Costs) / Interlocutory Application Before Appeal Hearing

Legal Issues

  1. 1 Whether security for costs should be ordered against an appellant resident outside the jurisdiction
  2. 2 Whether the appellant has taken steps to make enforcement of a costs order difficult

Ratio Decidendi

Security for costs was appropriate as the appellant was resident outside the jurisdiction (now in the United States), there was no reciprocal enforcement arrangement, and there was unrebutted evidence suggesting steps had been taken to put assets beyond reach of creditors. The sum of £10,000 was not excessive in the circumstances.

Court Disposition

Application for security for costs granted.

Orders

  • Appellant to provide security for costs in the sum of £10,000 by 4.00 p.m. on 30th October 2001.
  • If security is not provided by the deadline, the appeal will be struck out automatically.