Stabilad Ltd v Stephens & Carter Ltd [1998] EWCA Civ 597 (1 April 1998)
The court has the power to stay payment out of security for costs pending appeal, and in this case, given the plaintiff's impecuniosity and the likelihood that the defendant would be unable to recover its costs if successful on appeal, the balance of justice required that the security remain in court until the appeal is determined.
- Citation
- [1998] EWCA Civ 597
- Parties
- Plaintiff: Stabilad Ltd; Defendant: Stephens & Carter Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 01 April 1998
- Procedural Posture
- Appeal / Post Trial, Application for Stay Pending Appeal
- Outcome
- Appeal allowed
- Legal Topics
- Security for Costs, Stay of Execution, Appeals, Contractual Disputes
Case Brief
Summary, issues, holding and outcome
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Parties
Stabilad Ltd
Plaintiff
Stephens & Carter Ltd
Defendant
Procedural Posture
Appeal / Post Trial, Application for Stay Pending Appeal
Legal Issues
- 1 Whether the court has power to stay payment out of security for costs pending appeal
- 2 Whether, as a matter of discretion, a stay should be granted to prevent payment out of security for costs
Ratio Decidendi
The court has the power to stay payment out of security for costs pending appeal, and in this case, given the plaintiff's impecuniosity and the likelihood that the defendant would be unable to recover its costs if successful on appeal, the balance of justice required that the security remain in court until the appeal is determined.
Court Disposition
Appeal allowed
Orders
- Stay imposed on payment out of the £58,000 security for costs pending appeal
- Application allowed with costs, to be taxed if not agreed
Full Case Text
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