Davest Invs. Ltd. v Bryant [1982] JLR 213 (05 October 1982)
A resident plaintiff company may be ordered to provide security for costs if there is reason to believe it cannot pay the defendant's costs, regardless of third-party financing by the beneficial owner.
Source-derived case information.
- Citation
- [1982] JLR 213
- Parties
- Plaintiff: Davest Investments Ltd.; Defendant: Bryant
- Jurisdiction
- Jersey
- Judgment Date
- 05 October 1982
- Procedural Posture
- Civil / Interlocutory Application
- Outcome
- Security for costs may be ordered against a resident plaintiff company unable to pay defendant's costs.
- Legal Topics
- Costs, Security for Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Davest Investments Ltd.
Plaintiff
Bryant
Defendant
Procedural Posture
Civil / Interlocutory Application
Legal Issues
- 1 Whether a resident plaintiff company can be ordered to provide security for costs under Royal Court Rules 1982, r.4/1(4) if there is reason to believe it cannot pay the defendant's costs.
- 2 Whether the beneficial owner's financing of litigation affects the requirement for security for costs.
Ratio Decidendi
A resident plaintiff company may be ordered to provide security for costs if there is reason to believe it cannot pay the defendant's costs, regardless of third-party financing by the beneficial owner.
Court Disposition
Security for costs may be ordered against a resident plaintiff company unable to pay defendant's costs.
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Jersey Law Reports You are here: BAILII >> Databases >> Jersey Law Reports >> Davest Invs. Ltd. v Bryant [1982] JLR 213 (05 October 1982) URL: https://www.bailii.org/je/cases/JLR/1982/JLR820213.html Cite as: [1982] JLR 213 [ New search ] [ Help ] Davest Invs. Ltd. v Bryant 1982 JLR 213 (05 October 1982) Civil Procedure-costs-security for costs-plaintiff residing in jurisdiction not normally required to give security under Royal Court Rules 1982, r.4/1(4)-if reason to believe resident plaintiff company unable to pay costs of successful defendant, may be ordered under Royal Court Rules 1982, r.4/1(4) to give security as exception to general rule-immaterial that company's beneficial owner financing litigation, since not personally liable for defendant's costs The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1982 JLR 213 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1982/JLR820213.html