Radu v Houston & Anor

Radu v Houston & Anor

The appeal was allowed because the judge at first instance erred in principle by relying on the refusal of a stay by Treacy J and by treating the original unless order as a proper foundation for the default judgment, despite procedural unfairness and the subsequent availability of the appropriate security. There was no finding or evidence of deliberate flouting of the order by the appellant, and the action should be reinstated upon provision of security in the correct sum.

Parties
Appellant: Radu; Respondent: Houston & Anr
Jurisdiction
England and Wales
Judgment Date
22 November 2006
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Security for Costs, Unless Orders, Relief From Sanctions, Default Judgment, Libel
Civil Procedure Security for Costs Unless Orders Relief From Sanctions Default Judgment Libel

Case Brief

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Parties

Radu

Appellant

Houston & Anr

Respondent

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division to Court of Appeal

Legal Issues

  1. 1 Whether the default judgment entered for failure to provide security for costs should be set aside
  2. 2 Whether the making of an unless order and refusal of a stay was appropriate
  3. 3 Whether the appellant's inability to pay security was genuine or a deliberate flouting of the court's order

Ratio Decidendi

The appeal was allowed because the judge at first instance erred in principle by relying on the refusal of a stay by Treacy J and by treating the original unless order as a proper foundation for the default judgment, despite procedural unfairness and the subsequent availability of the appropriate security. There was no finding or evidence of deliberate flouting of the order by the appellant, and the action should be reinstated upon provision of security in the correct sum.

Court Disposition

Appeal allowed

Orders

  • Default judgment set aside
  • Appellant's action reinstated upon provision of security in the sum of £80,000 by payment into court or by other means acceptable to the respondents