Anderson v Shetland Islands Council and another

Anderson v Shetland Islands Council and another

The cumulative effect of Mrs Anderson's impecuniosity, lack of merit in her appeal, refusal of legal aid, inability to obtain certification from Scottish counsel, and duplicative proceedings justifies ordering her to give security for the respondents' costs. There is no basis in law or fact to order the respondents...

Source-derived case information.

Parties
Appellant: Patricia Anderson; First Respondent: Shetland Islands Council; Second Respondent: Scottish Water
Jurisdiction
England and Wales
Judgment Date
29 February 2012
Procedural Posture
Civil Appeal / Application for Security for Costs Pending Appeal
Outcome
Respondents' application for security for costs granted; appellant's application refused.
Legal Topics
Security for Costs, Judicial Review, Costs Orders
Civil Procedure Security for Costs Judicial Review Costs Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Patricia Anderson

Appellant

Shetland Islands Council

First Respondent

Scottish Water

Second Respondent

Procedural Posture

Civil Appeal / Application for Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether the appellant should be ordered to give security for the respondents' costs of the appeal
  2. 2 Whether the respondents should be ordered to give security for the appellant's costs

Ratio Decidendi

The cumulative effect of Mrs Anderson's impecuniosity, lack of merit in her appeal, refusal of legal aid, inability to obtain certification from Scottish counsel, and duplicative proceedings justifies ordering her to give security for the respondents' costs. There is no basis in law or fact to order the respondents to give security for her costs.

Court Disposition

Respondents' application for security for costs granted; appellant's application refused.

Orders

  • Mrs Anderson to give security in the amount of £20,000 for each respondent, payable by cheque to the UK Supreme Court Security Fund within 28 days.
  • Mrs Anderson's request for security from respondents refused.