Newspaper article from our research archive:
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Law Report: Defendant not required to pay security for costs as if a plaintiff
- Article from:
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The Independent - London
- Article date:
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July 14, 1994
- Author:
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Copyright informationCopyright 1994 The Independent - London. Provided by ProQuest LLC. (Hide copyright information)
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A defendant who sought to enforce a cross-undertaking in
damages, given by the plaintiff when obtaining an ex parte
injunction against the defendant, was not a "plaintiff" for the
purposes of section 726(1) of the Companies Act 1985 so as to
entitle the court to make an order requiring him to furnish
security for costs.
The Court of Appeal dismissed an appeal by the plaintiff, C T
Bowring & Co (Insurance) Ltd, against the refusal of Mr Justice
Waller, on 7 October 1993, to order the defendant, Corsi & Partners
Ltd, to provide security for costs for its interlocutory
application for an inquiry into damages said to have been incurred
as a result of the imposition, on the plaintiff's ex parte ...
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