Clore v Stype Trustees (Jersey) Ltd. [1980] JLR 149 (22 July 1980)

Clore v Stype Trustees (Jersey) Ltd. [1980] JLR 149 (22 July 1980)

The court held that residence outside the jurisdiction and absence of assets within the jurisdiction are not conclusive grounds for ordering security for costs on appeal; the existence of a bona fide dispute, uncertainty as to liability for costs, and the interlocutory nature of the appeal may mean there are no 'special circumstances' justifying such an order.

Citation
[1980] JLR 149
Parties
Appellant: Clore; Respondent: Stype Trustees (Jersey) Ltd.
Jurisdiction
Jersey
Judgment Date
22 July 1980
Procedural Posture
Civil Appeal / Application for Security for Costs on Appeal
Outcome
application for security for costs dismissed
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

Clore

Appellant

Stype Trustees (Jersey) Ltd.

Respondent

Procedural Posture

Civil Appeal / Application for Security for Costs on Appeal

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 What constitutes 'special circumstances' justifying such an order

Ratio Decidendi

The court held that residence outside the jurisdiction and absence of assets within the jurisdiction are not conclusive grounds for ordering security for costs on appeal; the existence of a bona fide dispute, uncertainty as to liability for costs, and the interlocutory nature of the appeal may mean there are no 'special circumstances' justifying such an order.

Court Disposition

application for security for costs dismissed