Mengi v Hermitage [2012] EWHC 2045 (QB) (20 July 2012)

Mengi v Hermitage [2012] EWHC 2045 (QB) (20 July 2012)

Where there is substantial risk of enforcement obstacles due to judicial corruption in the claimant's jurisdiction, security for costs should be ordered for the full amount of the defendant's budgeted recoverable costs plus a 100% CFA uplift, even without disclosure of the CFA, to ensure equal footing and access to justice.

Citation
[2012] EWHC 2045 (QB)
Parties
Claimant: Reginald Mengi; Defendant: Sarah Hermitage
Jurisdiction
England and Wales
Judgment Date
20 July 2012
Procedural Posture
Libel Action / Appeal Against Master's Order for 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, Enforcement of Foreign Judgments, Judicial Corruption, Libel Tourism
Civil Procedure Defamation Security for Costs Conditional Fee Agreements Enforcement of Foreign Judgments Judicial Corruption Libel Tourism

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Parties

Reginald Mengi

Claimant

Sarah Hermitage

Defendant

Procedural Posture

Libel Action / Appeal Against Master's Order for 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 ordered for 75% or 100% of recoverable costs given enforcement obstacles in Tanzania

Ratio Decidendi

Where there is substantial risk of enforcement obstacles due to judicial corruption in the claimant's jurisdiction, security for costs should be ordered for the full amount of the defendant's budgeted recoverable costs plus a 100% CFA uplift, even without disclosure of the CFA, to ensure equal footing and access to justice.

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 to be settled after further submissions.