Experience Hendrix Llc v Purple Haze Records Ltd & Anor [2005] EWCA Civ 1091 (03 August 2005)

Experience Hendrix Llc v Purple Haze Records Ltd & Anor [2005] EWCA Civ 1091 (03 August 2005)

The application to vary the order was refused because the issue of the defendants' ability to pay security for costs had already been determined by Neuberger LJ, and the interests of justice require that parties present their full case at the appropriate time rather than seeking repeated opportunities to improve their evidence.

Citation
[2005] EWCA Civ 1091
Parties
Claimant/respondent: Experience Hendrix LLC; Defendant/appellant: Purple Haze Records Ltd; Defendant/appellant: Lawrence Miller
Jurisdiction
England and Wales
Judgment Date
03 August 2005
Procedural Posture
Civil Appeal / Application to Vary Order of Neuberger LJ Regarding Security for Costs and Extension of Time
Outcome
Application refused; extension of time for compliance granted; appeal stands dismissed if payment not made.
Legal Topics
Security for Costs, Interim Payments, Appeal Procedure, Relief From Sanctions
Civil Procedure Security for Costs Interim Payments Appeal Procedure Relief From Sanctions

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Parties

Experience Hendrix LLC

Claimant/respondent

Purple Haze Records Ltd

Defendant/appellant

Lawrence Miller

Defendant/appellant

Procedural Posture

Civil Appeal / Application to Vary Order of Neuberger LJ Regarding Security for Costs and Extension of Time

Legal Issues

  1. 1 Whether the defendants should be relieved from the obligation to pay £25,000 as security for costs or have their appeal dismissed
  2. 2 Whether new or better evidence of impecuniosity justifies revisiting a prior order for security for costs

Ratio Decidendi

The application to vary the order was refused because the issue of the defendants' ability to pay security for costs had already been determined by Neuberger LJ, and the interests of justice require that parties present their full case at the appropriate time rather than seeking repeated opportunities to improve their evidence.

Court Disposition

Application refused; extension of time for compliance granted; appeal stands dismissed if payment not made.

Orders

  • Defendants' application to vary order refused
  • Defendants' costs to be assessed