Experience Hendrix Llc v Purple Haze Records Ltd & Anor

The application to vary the unless order was refused because the issue of the defendants' ability to pay had already been determined, and the interests of justice require that parties put their case forward fully at the first opportunity, not in successive attempts with improved evidence.

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/refuse Relief From Unless Order
Outcome: Application refused; extension of time for compliance granted; costs to be assessed; interim payment ordered
Legal Topics: Security for Costs, Unless Orders, Relief From Sanctions, Appeal Procedure

Civil Procedure Security for Costs Unless Orders Relief From Sanctions Appeal Procedure

Case Brief

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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/refuse Relief From Unless Order

Legal Issues

1 Whether the defendants should be relieved from compliance with an unless order requiring payment of £25,000 as security for costs or have their appeal dismissed
2 Whether the court should allow the defendants to relitigate the issue of impecuniosity based on better evidence

Ratio Decidendi

Court Disposition

Application refused; extension of time for compliance granted; costs to be assessed; interim payment ordered

Orders

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