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Costs

24 July 2013
Issue: 7570 / Categories: Case law , Law digest , In Court
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Northampton Regional Livestock Centre Company v Cowling and another [2013] EWHC 1720 (QB), [2013] All ER (D) 168 (Jul)

It was settled law that, in considering whether an application for security was being used oppressively to stifle a genuine claim, the court had to be satisfied that, in all the circumstances, it was probable that the claim would be stifled. The court should consider, not only whether a claimant company could provide security out of its own resources to continue the litigation, but also whether it could raise the amount needed from outside sources, from, for example: directors, shareholders, or other backers or interested persons, including creditors. In all but the most unusual cases, the burden would lie on the claimant company to show that, apart from the question as to whether the company's own means were sufficient to meet an order for security, there would be no prospect of funds being available and forthcoming from any outside source.

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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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