Popely v Popely [2002] EWCA Civ 1448 (3 October 2002)

Popely v Popely [2002] EWCA Civ 1448 (3 October 2002)

The Deputy Judge was entitled to exercise his discretion to order security for costs against the claimant, given the claimant's asset arrangements and lack of adequate explanation for litigation funding. The case does not raise an important point of principle or practice, nor is there any other compelling reason to grant permission for a second appeal.

Citation
[2002] EWCA Civ 1448
Parties
Appellant/claimant: John Henry Popely; Respondent/defendant: Robert Albert Popely
Jurisdiction
England and Wales
Judgment Date
03 October 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal (proposed Second Appeal)
Outcome
application for permission to appeal refused
Legal Topics
Security for Costs, Second Appeals, Discretionary Orders, Jurisdiction, Enforcement of Costs
Civil Procedure Security for Costs Second Appeals Discretionary Orders Jurisdiction Enforcement of Costs

Case Brief

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Parties

John Henry Popely

Appellant/claimant

Robert Albert Popely

Respondent/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (proposed Second Appeal)

Legal Issues

  1. 1 Whether the Deputy Judge erred in ordering security for costs against the claimant
  2. 2 Whether the criteria for granting permission for a second appeal are satisfied under the Access to Justice Act 1999

Ratio Decidendi

The Deputy Judge was entitled to exercise his discretion to order security for costs against the claimant, given the claimant's asset arrangements and lack of adequate explanation for litigation funding. The case does not raise an important point of principle or practice, nor is there any other compelling reason to grant permission for a second appeal.

Court Disposition

application for permission to appeal refused