W Harold John (Metals) Ltd & Anor v Arthur Gait & Co (A Firm) [1999] EWCA Civ 1264 (26 April 1999)

W Harold John (Metals) Ltd & Anor v Arthur Gait & Co (A Firm) [1999] EWCA Civ 1264 (26 April 1999)

Security for costs is appropriate in this substantial accountants' negligence appeal; the reasonable sum for security is £75,000, reflecting necessary solicitor and counsel fees and preparation costs, without excess or duplication.

Citation
[1999] EWCA Civ 1264
Parties
Applicant: Plaintiffs; Respondent: Defendants
Jurisdiction
England and Wales
Judgment Date
26 April 1999
Procedural Posture
Accountants' Negligence Action / Application for Security for Costs on Appeal
Outcome
Security for costs ordered; appeal stayed pending payment; appeal dismissed if security not provided.
Legal Topics
Security for Costs, Costs Assessment, Appeal Procedure
Civil Procedure Professional Negligence Security for Costs Costs Assessment Appeal Procedure

Case Brief

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Parties

Plaintiffs

Applicant

Defendants

Respondent

Procedural Posture

Accountants' Negligence Action / Application for Security for Costs on Appeal

Legal Issues

  1. 1 Whether security for costs should be ordered on appeal
  2. 2 What is the reasonable amount for security for costs

Ratio Decidendi

Security for costs is appropriate in this substantial accountants' negligence appeal; the reasonable sum for security is £75,000, reflecting necessary solicitor and counsel fees and preparation costs, without excess or duplication.

Court Disposition

Security for costs ordered; appeal stayed pending payment; appeal dismissed if security not provided.

Orders

  • Security for costs in the sum of £75,000 to be paid into court within 28 days or by other agreed mechanism.
  • Appeal stayed in the meantime.