Halton International (Holidings) Sarl & Anor v Guernroy Ltd & Ors

Halton International (Holidings) Sarl & Anor v Guernroy Ltd & Ors

The application to vary or revoke the condition imposed on permission to appeal was made very late without good explanation; Halton's impecuniosity does not justify relief because Dr Tabbara, the effective party, has sufficient resources and stands to benefit from the appeal; the original condition was appropriate and should not be revoked.

Parties
Claimant: Halton International (Holdings) SARL; Claimant: Mr Kaddoura; Defendant: Guernroy Limited; Defendant: Ecan Management Incorporated; Non Party (for Costs Only): Dr Tabbara
Jurisdiction
England and Wales
Judgment Date
25 October 2007
Procedural Posture
Application / Ruling on Application to Vary Condition Imposed on Permission to Appeal
Outcome
Application dismissed
Legal Topics
Security for Costs, Impecuniosity, Conditional Permission to Appeal, Non Party Costs Orders, Relief From Sanctions
Civil Procedure Costs Security for Costs Impecuniosity Conditional Permission to Appeal Non Party Costs Orders Relief From Sanctions

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Parties

Halton International (Holdings) SARL

Claimant

Mr Kaddoura

Claimant

Guernroy Limited

Defendant

Ecan Management Incorporated

Defendant

Dr Tabbara

Non Party (for Costs Only)

Procedural Posture

Application / Ruling on Application to Vary Condition Imposed on Permission to Appeal

Legal Issues

  1. 1 Whether the condition imposed on permission to appeal should be varied or revoked due to Halton's impecuniosity
  2. 2 Whether the financial position of Dr Tabbara should be considered in assessing the application
  3. 3 Whether delay in making the application is fatal to relief sought

Ratio Decidendi

The application to vary or revoke the condition imposed on permission to appeal was made very late without good explanation; Halton's impecuniosity does not justify relief because Dr Tabbara, the effective party, has sufficient resources and stands to benefit from the appeal; the original condition was appropriate and should not be revoked.

Court Disposition

Application dismissed

Orders

  • Application under CPR Rule 52.9(1)(c) dismissed
  • Application under CPR Rule 3.1(7) dismissed