Stokors SA & Ors v IG Markets Ltd
The Court of Appeal held that the first-instance judges exercised their discretion properly in both ordering a partial trial of liability and in fixing the quantum of security for costs. There was no error of principle, and the decisions were within the ambit of reasonable case management. The appeal and application for permission to appeal were therefore dismissed/refused.
- Parties
- Appellants: STOKORS SA & OTHERS; Respondent: IG MARKETS LTD
- Jurisdiction
- England and Wales
- Judgment Date
- 02 November 2012
- Procedural Posture
- Civil Appeal / Appeal From Case Management Decisions (security for Costs and Split Trial)
- Outcome
- Appeal dismissed; Application for permission to appeal refused
- Legal Topics
- Security for Costs, Case Management, Split Trials, Equitable Remedies, Dishonest Assistance, Knowing Receipt
Case Brief
Summary, issues, holding and outcome
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Parties
STOKORS SA & OTHERS
Appellants
IG MARKETS LTD
Respondent
Procedural Posture
Civil Appeal / Appeal From Case Management Decisions (security for Costs and Split Trial)
Legal Issues
- 1 Whether the judge erred in principle in ordering a partial (split) trial of liability and quantum/damages
- 2 Whether the judge erred in principle in the quantum and approach to security for costs
Ratio Decidendi
The Court of Appeal held that the first-instance judges exercised their discretion properly in both ordering a partial trial of liability and in fixing the quantum of security for costs. There was no error of principle, and the decisions were within the ambit of reasonable case management. The appeal and application for permission to appeal were therefore dismissed/refused.
Court Disposition
Appeal dismissed; Application for permission to appeal refused
Orders
- Appeal from Popplewell J dismissed
- Application for permission to appeal from Teare J refused
Full Case Text
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