Mengi v Hermitage

Mengi v Hermitage

The Master erred in refusing to order security for the CFA uplift without disclosure of the CFA and in limiting security to 75% of recoverable costs. Given the Deputy Master's findings of substantial obstacles to enforcement in Tanzania due to judicial corruption, security should be ordered for the full amount of the Defendant's budget plus a 100% CFA uplift. The court is not required to speculate illegitimately in making such an order, and the Defendant should not be pressured to disclose the CFA to obtain security.

Parties
Claimant: Reginald Mengi; Defendant: Sarah Hermitage
Jurisdiction
England and Wales
Judgment Date
20 July 2012
Procedural Posture
Civil Appeal (security for Costs in Libel) / Appeal From Master's Order on Security for Costs
Outcome
Appeal allowed on both CFA and 75% points; permission to appeal granted on 75% point.
Legal Topics
Security for Costs, Conditional Fee Agreements (cfa), Enforcement of Foreign Judgments, Judicial Corruption, Freedom of Expression
Civil Procedure Defamation Security for Costs Conditional Fee Agreements (cfa) Enforcement of Foreign Judgments Judicial Corruption Freedom of Expression

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Parties

Reginald Mengi

Claimant

Sarah Hermitage

Defendant

Procedural Posture

Civil Appeal (security for Costs in Libel) / Appeal From Master's Order on Security for Costs

Legal Issues

  1. 1 Whether security for costs should include a CFA uplift without disclosure of the CFA
  2. 2 Whether security should be for 75% or 100% of recoverable costs given obstacles to enforcement in Tanzania

Ratio Decidendi

The Master erred in refusing to order security for the CFA uplift without disclosure of the CFA and in limiting security to 75% of recoverable costs. Given the Deputy Master's findings of substantial obstacles to enforcement in Tanzania due to judicial corruption, security should be ordered for the full amount of the Defendant's budget plus a 100% CFA uplift. The court is not required to speculate illegitimately in making such an order, and the Defendant should not be pressured to disclose the CFA to obtain security.

Court Disposition

Appeal allowed on both CFA and 75% points; permission to appeal granted on 75% point.

Orders

  • Further security for costs to be ordered for the full amount of the Defendant's budget plus 100% CFA uplift; exact figure and terms to be settled after further submissions if not agreed.