Heseltine v Strachan & Co. [1989] JLR 1 (19 January 1989)

Heseltine v Strachan & Co. [1989] JLR 1 (19 January 1989)

The appellate court has unfettered discretion to rehear the matter but must give due weight to the Judicial Greffier's original exercise of discretion when considering an appeal against an order for security for costs.

Source-derived case information.

Citation
[1989] JLR 1
Parties
Appellant: Heseltine; Respondent: Strachan & Co.
Jurisdiction
Jersey
Judgment Date
19 January 1989
Procedural Posture
Civil Appeal / Appeal Against Order for Security for Costs
Legal Topics
Appeals, Exercise of Discretion, Security for Costs
Civil Procedure Appeals Exercise of Discretion Security for Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Heseltine

Appellant

Strachan & Co.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order for Security for Costs

Legal Issues

  1. 1 Whether the court should interfere with the Judicial Greffier's exercise of discretion in ordering security for costs under Royal Court Rules, r. 15/2(1)

Ratio Decidendi

The appellate court has unfettered discretion to rehear the matter but must give due weight to the Judicial Greffier's original exercise of discretion when considering an appeal against an order for security for costs.