Birbeck v New Guarantee Trust [1980] JLR 183 (02 September 1980)

Birbeck v New Guarantee Trust [1980] JLR 183 (02 September 1980)

The court held that security for costs should not be ordered as the appeal raises important questions of law and affects the liberty of the subject, which constitutes special circumstances justifying the exercise of discretion against ordering security.

Citation
[1980] JLR 183
Parties
Appellant: Birbeck; Respondent: New Guarantee Trust
Jurisdiction
Jersey
Judgment Date
02 September 1980
Procedural Posture
Civil Appeal / Application for Security for Costs
Outcome
application for security for costs refused
Legal Topics
Security for Costs, Appeals, Discretion of Court
Civil Procedure Security for Costs Appeals Discretion of Court

Case Brief

Summary, issues, holding and outcome

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Parties

Birbeck

Appellant

New Guarantee Trust

Respondent

Procedural Posture

Civil Appeal / Application for Security for Costs

Legal Issues

  1. 1 Whether security for costs should be ordered on appeal under Court of Appeal (Civil) (Jersey) Rules 1964, r.12/4
  2. 2 Whether appellant's residence outside jurisdiction and absence of assets within jurisdiction are sufficient grounds for ordering security

Ratio Decidendi

The court held that security for costs should not be ordered as the appeal raises important questions of law and affects the liberty of the subject, which constitutes special circumstances justifying the exercise of discretion against ordering security.

Court Disposition

application for security for costs refused