Kuenyehia & Ors v International Hospitals Group Ltd

Kuenyehia & Ors v International Hospitals Group Ltd

The claimants failed to provide a credible or intelligible account of their means and did not establish that an order for security would stifle their claim. The judge's reasons for refusing further security were flawed, and the court exercised its discretion afresh to order additional security for costs.

Parties
Claimant / Respondent: Kuenyehia & Ors; Defendant / Appellant: International Hospitals Group Limited
Jurisdiction
England and Wales
Judgment Date
27 February 2007
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Security for Costs
Outcome
Application allowed
Legal Topics
Security for Costs, Impecuniosity, Discretion to Order Security, Stifling of Claims
Civil Procedure Security for Costs Impecuniosity Discretion to Order Security Stifling of Claims

Case Brief

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Parties

Kuenyehia & Ors

Claimant / Respondent

International Hospitals Group Limited

Defendant / Appellant

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Security for Costs

Legal Issues

  1. 1 Whether the claimants established that an order for security for costs would stifle their claim
  2. 2 Whether the judge erred in refusing to order further security for costs
  3. 3 Proper approach to applications for security for costs where claimants are resident outside the jurisdiction

Ratio Decidendi

The claimants failed to provide a credible or intelligible account of their means and did not establish that an order for security would stifle their claim. The judge's reasons for refusing further security were flawed, and the court exercised its discretion afresh to order additional security for costs.

Court Disposition

Application allowed

Orders

  • Claimants to provide further security for costs in the sum of £100,000 by 25 March 2007 or as otherwise directed.