K Ltd. v National Westminster Bank Plc & Anor

K Ltd. v National Westminster Bank Plc & Anor

The application for security for costs is refused because the evidence does not fully satisfy the court that the appellant would be unable to pay costs, the application was made late, and the public interest in resolving the legal issues under the Proceeds of Crime Act outweighs the risk to the bank.

Parties
Claimant/appellant: K Limited; Defendant/respondent: National Westminster Bank PLC; Intervener: Customs and Excise
Jurisdiction
England and Wales
Judgment Date
22 May 2006
Procedural Posture
Civil Appeal / Application for Security for Costs on Appeal
Outcome
Application refused
Legal Topics
Security for Costs, Impecuniosity, Proceeds of Crime Act, Bank Customer Relationship
Civil Procedure Banking Law Financial Crime Security for Costs Impecuniosity Proceeds of Crime Act Bank Customer Relationship

Case Brief

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Parties

K Limited

Claimant/appellant

National Westminster Bank PLC

Defendant/respondent

Customs and Excise

Intervener

Procedural Posture

Civil Appeal / Application for Security for Costs on Appeal

Legal Issues

  1. 1 Whether security for costs should be ordered against the appellant under CPR 3.1(5) or CPR 25.15/25.13
  2. 2 Whether the appellant company is unable to pay the respondent’s costs if ordered to do so
  3. 3 Whether the timing and circumstances of the application justify the order

Ratio Decidendi

The application for security for costs is refused because the evidence does not fully satisfy the court that the appellant would be unable to pay costs, the application was made late, and the public interest in resolving the legal issues under the Proceeds of Crime Act outweighs the risk to the bank.

Court Disposition

Application refused

Orders

  • Application for security for costs is refused