Bates -v- Weston [2017] JRC 092 (15 June 2017)

Bates -v- Weston [2017] JRC 092 (15 June 2017)

Security for costs is not ordered against Mr Bates because Mr Weston has not demonstrated that Mr Bates is not legally liable for the costs, nor has he shown financial loss or that lawyers will be retained. The application for discovery is refused as premature, and there is no basis to extend time for challenge to registration of the English judgment.

Citation
[2017] JRC 092
Parties
Applicant: Mr Weston; Respondent: Mr Bates
Jurisdiction
Jersey
Judgment Date
15 June 2017
Procedural Posture
Security for Costs Application and Discovery Application in Registration of Foreign Judgment / Interlocutory Application Before the Master
Outcome
Applications for security for costs, discovery, and extension of time refused.
Legal Topics
Security for Costs, Enforcement of Foreign Judgments, Discovery, Costs Orders
Civil Procedure Private International Law Security for Costs Enforcement of Foreign Judgments Discovery Costs Orders

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Parties

Mr Weston

Applicant

Mr Bates

Respondent

Procedural Posture

Security for Costs Application and Discovery Application in Registration of Foreign Judgment / Interlocutory Application Before the Master

Legal Issues

  1. 1 Whether security for costs should be ordered against a non-resident judgment creditor in the context of a challenge to registration of an English judgment
  2. 2 Whether discovery should be ordered prior to a formal challenge to registration
  3. 3 Whether time for challenge to registration should be extended

Ratio Decidendi

Security for costs is not ordered against Mr Bates because Mr Weston has not demonstrated that Mr Bates is not legally liable for the costs, nor has he shown financial loss or that lawyers will be retained. The application for discovery is refused as premature, and there is no basis to extend time for challenge to registration of the English judgment.

Court Disposition

Applications for security for costs, discovery, and extension of time refused.

Orders

  • Security for costs application dismissed
  • Discovery application dismissed as premature