Rainbow Estates Ltd v Tokenhold Ltd & Ors [2001] EWCA Civ 975 (7 June 2001)

No sufficient cause was shown for the failure to provide security for costs as ordered; the application to reinstate the appeal was dismissed accordingly.

Citation: [2001] EWCA Civ 975
Parties: Plaintiff: Rainbow Estates Ltd; Defendant: Tokenhold Ltd; Defendant: Mr Herman Herskovic
Jurisdiction: England and Wales
Judgment Date: 07 June 2001
Procedural Posture: Application for Permission to Reinstate Appeal / Application Dismissed at Court of Appeal
Outcome: application dismissed
Legal Topics: Security for Costs, Reinstatement of Appeal, Summary Judgment, Arrears of Rent

Civil Procedure Security for Costs Reinstatement of Appeal Summary Judgment Arrears of Rent

Case Brief

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Parties

Rainbow Estates Ltd

Plaintiff

Tokenhold Ltd

Defendant

Mr Herman Herskovic

Defendant

Procedural Posture

Application for Permission to Reinstate Appeal / Application Dismissed at Court of Appeal

Legal Issues

1 Whether the appeal dismissed for failure to provide security for costs should be reinstated after more than two years
2 Whether sufficient cause was shown for non-compliance with the security for costs order

Ratio Decidendi

No sufficient cause was shown for the failure to provide security for costs as ordered; the application to reinstate the appeal was dismissed accordingly.

Court Disposition

application dismissed

Orders

Application of 6th December 2000 is dismissed.