Choudhary & Ors v Bhatter & Ors

Choudhary & Ors v Bhatter & Ors

There is insufficient evidence that Mr Bhatter would hinder or avoid enforcement of a costs order, and ordering security would risk discrimination against a foreign appellant. The connection to England is remote, and it would be unjust to require security for costs in these circumstances.

Parties
Appellant: Choudhary & Ors; Respondent: Bhatter & Ors
Jurisdiction
England and Wales
Judgment Date
29 April 2009
Procedural Posture
Civil Appeal / Application for Security for Costs Pending Appeal
Outcome
application refused
Legal Topics
Security for Costs, Jurisdiction, Injunctions, Enforcement of Foreign Judgments
Civil Procedure Company Law Security for Costs Jurisdiction Injunctions Enforcement of Foreign Judgments

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Parties

Choudhary & Ors

Appellant

Bhatter & Ors

Respondent

Procedural Posture

Civil Appeal / Application for Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether security for costs should be ordered against a foreign appellant in an appeal concerning control of an English company with remote connections to England
  2. 2 Whether the appellant's residence outside the jurisdiction and alleged impecuniosity justify an order for security for costs

Ratio Decidendi

There is insufficient evidence that Mr Bhatter would hinder or avoid enforcement of a costs order, and ordering security would risk discrimination against a foreign appellant. The connection to England is remote, and it would be unjust to require security for costs in these circumstances.

Court Disposition

application refused

Orders

  • Application for security for costs is refused.