Olatawura v Abiloye [2002] EWCA Civ 364 (14 March 2002)

Olatawura v Abiloye [2002] EWCA Civ 364 (14 March 2002)

Permission to appeal granted because the case raises fundamental questions about the construction of the Civil Procedure Rules regarding security for costs and fair hearing, particularly in the absence of a transcript and the procedural basis for the order.

Citation
[2002] EWCA Civ 364
Parties
Claimant/appellant: Olakunle O Olatawura; Defendant/respondent: Alexander O Abiloye
Jurisdiction
England and Wales
Judgment Date
14 March 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Security for Costs, Fair Hearing, Summary Judgment, Appeal Procedure
Civil Procedure Security for Costs Fair Hearing Summary Judgment Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Olakunle O Olatawura

Claimant/appellant

Alexander O Abiloye

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the district judge had jurisdiction to order payment into court as security for costs without a formal application
  2. 2 Whether the applicant was denied a fair hearing due to absence of transcript

Ratio Decidendi

Permission to appeal granted because the case raises fundamental questions about the construction of the Civil Procedure Rules regarding security for costs and fair hearing, particularly in the absence of a transcript and the procedural basis for the order.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal allowed
  • Application for expedition allowed: case to be listed as soon as possible after transcript received