Phillips & Anor v Messrs Eversheds (A Firm) & Ors [2002] EWCA Civ 486 (18 April 2002)

Phillips & Anor v Messrs Eversheds (A Firm) & Ors [2002] EWCA Civ 486 (18 April 2002)

Security for costs was justified against Robin Symes Limited due to its failure to file accounts and lack of evidence of solvency, and against Mr. Symes due to his effective control of RSL and their indistinguishable interests in the proceedings. The appeal is stayed pending provision of security.

Citation
[2002] EWCA Civ 486
Parties
Claimant: Jonathan Guy Anthony Phillips; Claimant: Robert Andrew Harland; Defendant: Messrs Eversheds; Intervener: Robin James Symes; Intervener: Robin Symes Limited
Jurisdiction
England and Wales
Judgment Date
18 April 2002
Procedural Posture
Civil Appeal / Application for Security for Costs Pending Appeal
Outcome
Application for security for costs allowed; appeal stayed pending provision of security.
Legal Topics
Security for Costs, Appeal Procedure, Costs Orders
Civil Procedure Security for Costs Appeal Procedure Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jonathan Guy Anthony Phillips

Claimant

Robert Andrew Harland

Claimant

Messrs Eversheds

Defendant

Robin James Symes

Intervener

Robin Symes Limited

Intervener

Procedural Posture

Civil Appeal / Application for Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether security for costs should be ordered against the interveners pending appeal
  2. 2 Whether the appeal by the interveners should be stayed pending provision of security

Ratio Decidendi

Security for costs was justified against Robin Symes Limited due to its failure to file accounts and lack of evidence of solvency, and against Mr. Symes due to his effective control of RSL and their indistinguishable interests in the proceedings. The appeal is stayed pending provision of security.

Court Disposition

Application for security for costs allowed; appeal stayed pending provision of security.

Orders

  • Robin Symes Limited to lodge £25,000 security with the Registrar within 14 days.
  • Appeal of both Robin Symes Limited and Robin James Symes stayed pending lodging of security.