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England and Wales Case Law

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Civil procedure

Cedar Mundi (Holding) Sal v Bassel Attieh & Ors

The Commercial Court granted Cedar II’s application for security for costs, finding the Crabtree principle applied but was neutralised by a Dumrul undertaking.

  • Security for costs
  • Discretionary orders
  • Counterclaims
  • Crabtree principle
  • Dumrul undertaking
  • Security-for-costs
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Landlord and tenant

Khalid Qayyum Rana & Anor v Maitland Court Limited

The Upper Tribunal set aside a First-tier Tribunal order on administration charges, finding it failed to weigh relevant concessions and confusion over the amount in dispute.

  • Administration charges
  • Litigation costs
  • Service charges
  • Discretionary orders
  • Appeal procedure
  • Administration-charges
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Civil procedure [2023] EWHC 2851 (Comm)

Parsdome Holdings Ltd v Plastic Energy Global, SL

Parsdome Holdings Ltd v Plastic Energy Global, SL [2023] EWHC 2851 (Comm) (10 November 2023)

The Commercial Court ordered the claimant to provide further security for costs of £343,000 and summarily assessed the defendant’s application costs at £40,000.

  • Security for costs
  • Costs assessment
  • Litigation funding
  • Discretionary orders
  • Security-for-costs
  • Commercial-court
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Civil procedure

Redcar & Cleveland Borough Council v PR

Costs decision in vulnerable adult proceedings: Cobb J held there should be no order as to costs, finding the local authority had acted reasonably and urgently.

  • Costs
  • Inherent jurisdiction
  • Vulnerable adults
  • Safeguarding
  • Discretionary orders
  • Inherent-jurisdiction
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Civil procedure

Chernukhin & Orsr v Danilina

The Court of Appeal held that, once a real risk of non-enforcement is shown, security for costs should not be discounted by a sliding scale.

  • Security for costs
  • Enforcement of judgments
  • Discretionary orders
  • Non-convention jurisdiction
  • Security-for-costs
  • Enforcement-of-judgments
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Civil procedure [2018] EWHC 1533 (Comm)

Accident Exchange Ltd & Anor v McLean & Ors

Accident Exchange Ltd & Anor v McLean & Ors [2018] EWHC 1533 (Comm) (12 June 2018)

The Commercial Court granted security for costs after finding the claimants had not shown the order would stifle the claim, though delay reduced the amount.

  • Security for costs
  • Delay in application
  • Stifling of claim
  • Corporate structure and funding
  • Discretionary orders
  • Security-for-costs
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Civil procedure [2018] EWHC 1432 (Ch)

Absolute Living Developments Ltd v DS7 Ltd & Ors

Absolute Living Developments Ltd v DS7 Ltd & Ors [2018] EWHC 1432 (Ch) (24 May 2018)

The High Court refused security for costs against an insolvent company in liquidation, finding an order would likely stifle a bona fide claim pursued for creditors.

  • Security for costs
  • Liquidation
  • Stifling of claims
  • Discretionary orders
  • Funding of litigation
  • Security-for-costs
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Insolvency

Pickard & Anor v Constable

High Court appeal in bankruptcy sale proceedings. The court held the district judge relied on unsupported findings and replaced indefinite postponement with a 12-month delay.

  • Bankruptcy trustee powers
  • Postponement of sale
  • Exceptional circumstances
  • Discretionary orders
  • Housing needs of non-bankrupt spouse
  • Bankruptcy
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Civil procedure

Sharp & Ors v Blank & Ors

The High Court considered whether CPR Part 3 costs management applied to Lloyds/HBOS group claims and ordered budgets to be exchanged after summary judgment and strike out.

  • Costs budgeting
  • Cpr part 3 section ii
  • Group litigation
  • Case management
  • Discretionary orders
  • Civil-procedure
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.