Mubarik v Mubarak [2008] JCA 119A (25 July 2008)

Mubarik v Mubarak [2008] JCA 119A (25 July 2008)

The Court of Appeal has jurisdiction to order security for costs despite prior Royal Court orders. Exceptional circumstances exist due to the Appellant's non-residence and lack of assets in Jersey, justifying an order for security for costs in the amount of £50,000, to be paid by the Appellant within the specified timeframe.

Citation
[2008] JCA 119A
Parties
Representor/first Respondent: Aaliya Mubarak; Appellant/first Respondent: Iqbal Mubarik; Second Respondent: The Craven Trust Company Limited; Third Respondent: Salem Mubarak and Noor Mubarak; Fourth Respondent: Osman Mubarak and Hamza Mubarak
Jurisdiction
Jersey
Judgment Date
25 July 2008
Procedural Posture
Appeal / Interlocutory Application for Security for Costs
Outcome
Application for security for costs granted in part
Legal Topics
Security for Costs, Appeal Procedure, Jurisdiction, Costs
Civil Procedure Trusts Security for Costs Appeal Procedure Jurisdiction Costs

Case Brief

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Parties

Aaliya Mubarak

Representor/first Respondent

Iqbal Mubarik

Appellant/first Respondent

The Craven Trust Company Limited

Second Respondent

Salem Mubarak and Noor Mubarak

Third Respondent

Osman Mubarak and Hamza Mubarak

Fourth Respondent

Procedural Posture

Appeal / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to order security for costs
  2. 2 Whether security for costs should be ordered and in what amount
  3. 3 Whether the appeal should be stayed or struck out in the event of default

Ratio Decidendi

The Court of Appeal has jurisdiction to order security for costs despite prior Royal Court orders. Exceptional circumstances exist due to the Appellant's non-residence and lack of assets in Jersey, justifying an order for security for costs in the amount of £50,000, to be paid by the Appellant within the specified timeframe.

Court Disposition

Application for security for costs granted in part

Orders

  • Appellant to pay £50,000 as security for costs to the Judicial Greffier by 4pm on 5th September 2008
  • Liberty to First Respondent to apply to the Court in event of default