Turkan & Co (A Firm) & Anor v Toplum Postasi Ltd & Anor [2001] EWCA Civ 99 (29 January 2001)

Turkan & Co (A Firm) & Anor v Toplum Postasi Ltd & Anor [2001] EWCA Civ 99 (29 January 2001)

Security for costs was ordered against the company because it was insolvent and there was reason to believe it could not pay the claimants' costs if ordered; the application against the editor was dismissed by consent as he was not pursuing the appeal.

Source-derived case information.

Citation
[2001] EWCA Civ 99
Parties
Claimant: Turkan & Co (a firm) and Miss Turkan; Defendant: Toplum Postasi Ltd; Defendant: Mr Yilmaz Ozyigit
Jurisdiction
England and Wales
Judgment Date
29 January 2001
Procedural Posture
Civil Appeal / Application for Security for Costs Pending Appeal
Outcome
Application for security for costs granted in part
Legal Topics
Security for Costs, Libel, Appeals, Insolvency
Civil Procedure Defamation Security for Costs Libel Appeals Insolvency

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Parties

Turkan & Co (a firm) and Miss Turkan

Claimant

Toplum Postasi Ltd

Defendant

Mr Yilmaz Ozyigit

Defendant

Procedural Posture

Civil Appeal / Application for Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether security for costs should be ordered against the defendant company on appeal
  2. 2 Whether security for costs can be ordered against the editor personally
  3. 3 Quantum of security for costs

Ratio Decidendi

Security for costs was ordered against the company because it was insolvent and there was reason to believe it could not pay the claimants' costs if ordered; the application against the editor was dismissed by consent as he was not pursuing the appeal.

Court Disposition

Application for security for costs granted in part

Orders

  • Appeal by Mr Yilmaz Ozyigit (editor) dismissed by consent with no order for costs
  • Toplum Postasi Ltd to provide security for respondents' costs of appeal in the sum of £5,000 within 28 days on usual terms