Porteous v Danlerov [1993] JLR 30 (05 March 1993)

Porteous v Danlerov [1993] JLR 30 (05 March 1993)

A plaintiff who returns to Jersey from residence abroad is entitled to discharge of security for costs if the move is bona fide and permanent, as this constitutes a material change in circumstances justifying variation or discharge of the order.

Citation
[1993] JLR 30
Parties
Plaintiff: Porteous; Defendant: Danlerov
Jurisdiction
Jersey
Judgment Date
05 March 1993
Procedural Posture
Civil / Application to Vary or Discharge Security for Costs Order
Outcome
security for costs order discharged
Legal Topics
Costs, Security for Costs, Variation or Discharge of Security for Costs
Civil Procedure Costs Security for Costs Variation or Discharge of Security for Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Porteous

Plaintiff

Danlerov

Defendant

Procedural Posture

Civil / Application to Vary or Discharge Security for Costs Order

Legal Issues

  1. 1 Whether security for costs order can be varied or discharged upon change of circumstances
  2. 2 Whether plaintiff's bona fide and permanent return to Jersey justifies discharge of security for costs

Ratio Decidendi

A plaintiff who returns to Jersey from residence abroad is entitled to discharge of security for costs if the move is bona fide and permanent, as this constitutes a material change in circumstances justifying variation or discharge of the order.

Court Disposition

security for costs order discharged

Orders

  • Security for costs order discharged upon plaintiff's bona fide and permanent return to Jersey