Days Medical Aids Ltd v Pihsiang Machinery Manufacturing Co Ltd & Ors Rev 1

Days Medical Aids Ltd v Pihsiang Machinery Manufacturing Co Ltd & Ors Rev 1

The cumulative effect of the defendants' deliberate breach, risk of enforcement difficulties in Taiwan, and obstructive conduct constitutes a compelling reason to impose conditions on permission to appeal, which are objectively justified and do not stifle the appeal.

Parties
Claimant/respondent: Days Medical Aids Limited; Defendant/appellant: Pihsiang Machinery Manufacturing Co Ltd; Defendant/appellant: Pihsiang Wu; Defendant/appellant: Chiang Ching-Ming Wu
Jurisdiction
England and Wales
Judgment Date
13 July 2004
Procedural Posture
Civil Appeal / Application for Conditions on Permission to Appeal
Outcome
Permission to appeal granted subject to conditions
Legal Topics
Conditions for Permission to Appeal, Security for Costs, Enforcement of Foreign Judgments, Discrimination Under Article 14 ECHR
Civil Procedure Commercial Law Conditions for Permission to Appeal Security for Costs Enforcement of Foreign Judgments Discrimination Under Article 14 ECHR

Case Brief

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Parties

Days Medical Aids Limited

Claimant/respondent

Pihsiang Machinery Manufacturing Co Ltd

Defendant/appellant

Pihsiang Wu

Defendant/appellant

Chiang Ching-Ming Wu

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Conditions on Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be subject to conditions including payment of judgment sum, costs, and security for costs
  2. 2 Whether imposing such conditions constitutes discrimination under Article 14 ECHR

Ratio Decidendi

The cumulative effect of the defendants' deliberate breach, risk of enforcement difficulties in Taiwan, and obstructive conduct constitutes a compelling reason to impose conditions on permission to appeal, which are objectively justified and do not stifle the appeal.

Court Disposition

Permission to appeal granted subject to conditions

Orders

  • Defendants to pay claimants the judgment sum plus interest
  • Defendants to pay £2 million by way of costs plus interest