Radu, Prince of Hohenzollern v Houston & Anor [2006] EWCA Civ 1224 (27 July 2006)

Radu, Prince of Hohenzollern v Houston & Anor [2006] EWCA Civ 1224 (27 July 2006)

Security for costs was appropriate and agreed at £100,000, but the application for a further condition requiring £350,000 to be paid into court was not justified and was not pursued. Costs of the security application are to be paid by the defendants to the claimant; costs of the conditions application are also to be paid by the defendants to the claimant, both subject to assessment. Half the costs of the hearing are to be paid by the defendants to the claimant.

Citation
[2006] EWCA Civ 1224
Parties
Claimant/respondent: Prince Radu of Hohenzollern; Defendants/appellants: Houston & Anr
Jurisdiction
England and Wales
Judgment Date
27 July 2006
Procedural Posture
Civil Appeal / Application for Security for Costs and Conditions Pending Appeal
Outcome
Application for security for costs granted; application for conditions not pursued; costs orders made as specified.
Legal Topics
Security for Costs, Conditions of Appeal, Costs Orders, Libel
Civil Procedure Defamation Security for Costs Conditions of Appeal Costs Orders Libel

Case Brief

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Parties

Prince Radu of Hohenzollern

Claimant/respondent

Houston & Anr

Defendants/appellants

Procedural Posture

Civil Appeal / Application for Security for Costs and Conditions Pending Appeal

Legal Issues

  1. 1 Whether security for costs should be ordered for the appeal
  2. 2 Whether a condition requiring payment into court as a condition of appeal should be imposed
  3. 3 How costs of the applications should be allocated

Ratio Decidendi

Security for costs was appropriate and agreed at £100,000, but the application for a further condition requiring £350,000 to be paid into court was not justified and was not pursued. Costs of the security application are to be paid by the defendants to the claimant; costs of the conditions application are also to be paid by the defendants to the claimant, both subject to assessment. Half the costs of the hearing are to be paid by the defendants to the claimant.

Court Disposition

Application for security for costs granted; application for conditions not pursued; costs orders made as specified.

Orders

  • Leave to pay in £100,000 as security for costs granted.
  • Costs of the security application to be paid by the defendants to the claimant, subject to assessment if not agreed.