Rainbow Estates Ltd v Tokenhold Ltd & Anor [2001] EWCA Civ 441 (21 March 2001)

Rainbow Estates Ltd v Tokenhold Ltd & Anor [2001] EWCA Civ 441 (21 March 2001)

Unless the applicant files compliant bundles within 28 days, the application to reinstate the appeal will be dismissed with costs; procedural compliance and timely action are mandatory.

Citation
[2001] EWCA Civ 441
Parties
Claimant/respondent: Rainbow Estates Limited; Defendant/applicant: Tokenhold Limited; Defendant/applicant: Herman Herskovic
Jurisdiction
England and Wales
Judgment Date
21 March 2001
Procedural Posture
Application to Reinstate Appeal / Interlocutory
Outcome
conditional dismissal
Legal Topics
Security for Costs, Reinstatement of Appeal, Summary Judgment
Civil Procedure Security for Costs Reinstatement of Appeal Summary Judgment

Case Brief

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Parties

Rainbow Estates Limited

Claimant/respondent

Tokenhold Limited

Defendant/applicant

Herman Herskovic

Defendant/applicant

Procedural Posture

Application to Reinstate Appeal / Interlocutory

Legal Issues

  1. 1 Whether the appeal dismissed for failure to provide security for costs should be reinstated
  2. 2 Whether the applicant can now provide the required security
  3. 3 Whether delay in pursuing reinstatement is fatal to the application

Ratio Decidendi

Unless the applicant files compliant bundles within 28 days, the application to reinstate the appeal will be dismissed with costs; procedural compliance and timely action are mandatory.

Court Disposition

conditional dismissal

Orders

  • Applicant must file compliant bundles within 28 days or application stands dismissed with costs.
  • Copy of order to be sent to Citizens' Advice Bureau.