Simms v Carr

Simms v Carr

There was no material change of circumstances or new facts that would have affected the original exercise of discretion regarding security for costs. The facts relied on by Carr were not material to the original order, and the Master had no power to revoke his own order in these circumstances. The proper route was appeal, not a second application to the same court.

Parties
Eighth Defendant/appellant: Simms; Claimant/respondent: Carr; Defendant (firm, First to Seventh Defendants): Bower Cotton
Jurisdiction
England and Wales
Judgment Date
07 February 2008
Procedural Posture
Civil Appeal / Appeal From Order Revoking Security for Costs
Outcome
Appeal allowed
Legal Topics
Security for Costs, Revocation of Interlocutory Orders, Material Change of Circumstances, Abuse of Process
Civil Procedure Security for Costs Revocation of Interlocutory Orders Material Change of Circumstances Abuse of Process

Case Brief

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Parties

Simms

Eighth Defendant/appellant

Carr

Claimant/respondent

Bower Cotton

Defendant (firm, First to Seventh Defendants)

Procedural Posture

Civil Appeal / Appeal From Order Revoking Security for Costs

Legal Issues

  1. 1 Whether a Master has power under CPR 3.1(7) to revoke his own earlier order for security for costs absent an appeal
  2. 2 Whether there was a material change of circumstances or new facts justifying revocation of the security for costs order

Ratio Decidendi

There was no material change of circumstances or new facts that would have affected the original exercise of discretion regarding security for costs. The facts relied on by Carr were not material to the original order, and the Master had no power to revoke his own order in these circumstances. The proper route was appeal, not a second application to the same court.

Court Disposition

Appeal allowed

Orders

  • Order of 16 July 2007 revoking security for costs set aside
  • Order for security for costs made on 16 June 2006 restored in favour of Simms