Huscroft v P & O Ferries Ltd

Huscroft v P & O Ferries Ltd

The District Judge erred in making a free-standing order for security for costs under CPR 3.1(3) not attached to specific relief at a case management conference. The criticisms of the claimant's conduct did not justify such an order, and the power under CPR 3.1(3) is not a substitute for the requirements of Part 25. The appeal is allowed.

Parties
Claimant/appellant: Bryan Huscroft; Defendant/respondent: P & O Ferries Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2010
Procedural Posture
Civil Appeal / Second Appeal From Order for Security for Costs
Outcome
Appeal allowed
Legal Topics
Security for Costs, Case Management, Conditional Orders, Impecuniosity, Jurisdiction of Court Under CPR 3.1(3) and 3.1(5)
Civil Procedure Security for Costs Case Management Conditional Orders Impecuniosity Jurisdiction of Court Under CPR 3.1(3) and 3.1(5)

Case Brief

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Parties

Bryan Huscroft

Claimant/appellant

P & O Ferries Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Second Appeal From Order for Security for Costs

Legal Issues

  1. 1 Whether the court had jurisdiction under CPR 3.1(3) to order security for costs as a free-standing order at a case management conference
  2. 2 Whether the criticisms of the claimant's conduct justified the imposition of a payment into court as a condition
  3. 3 Whether the amount of £5,000 was appropriate given the evidence of means

Ratio Decidendi

The District Judge erred in making a free-standing order for security for costs under CPR 3.1(3) not attached to specific relief at a case management conference. The criticisms of the claimant's conduct did not justify such an order, and the power under CPR 3.1(3) is not a substitute for the requirements of Part 25. The appeal is allowed.

Court Disposition

Appeal allowed

Orders

  • Order for payment of £5,000 into court as security for costs set aside